It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Site (as defined below), you agree to be bound by the version of this Agreement then in effect. If you do not agree to these terms and conditions, please do not use the Site.

Last revised: August 20, 2008

1. Acceptance of Terms. This website is provided by Advocates for Children of New York, Inc., a New York not-for-profit organization ("AFC," "we," "us") subject to your compliance with the terms and conditions set forth in this agreement (this "Agreement"). This Agreement applies to our Internet website, located at www.insideschools.org, as well as all site-related Content and Services (as each is defined below) (collectively, the "Site"). Please note that we reserve the right to update or modify this Agreement without advance notice at any time, which updates or modifications we may provide you by any reasonable means, including, without limitation, by posting a revised version of this Agreement to this Site. You can determine whether this Agreement has been modified since your last visit to this website by checking the "Last revised" legend at the top of this Agreement.

When using particular Content or Services, you will be subject to any additional guidelines or other terms posted by AFC applicable to such Content or Services. All such guidelines and terms are hereby incorporated by reference into this Agreement. To the extent any such guidelines or terms may conflict with this Agreement, this Agreement shall govern your use of the Site. Please be aware that the Site may not be available at all times or in all areas. In addition, AFC may deny service to you at any time and in its sole discretion, including, without limitation, in the event you do not adhere to the Rules of Conduct (as defined below) set forth below or to the other terms and conditions of this Agreement. We reserve the right at any time to:

• Change the Site, including modifying, suspending, eliminating or discontinuing, temporarily or permanently, any Content or Service; or
• Impose or change any fees or charges for use of the Site.

You agree that AFC shall not be liable to you or to any third party for any modification, suspension, elimination or discontinuance of the Site.

Your continued use of the Site following any changes will indicate your acceptance of such changes.

2. Description of Content and Services. AFC may provide users of the Site with access to certain content, information and other resources regarding New York City's public schools and school system, which may include, without limitation, school profiles and reviews, brochures, guide books, policy reports, blogs, discussion forums, comments, advice columns, user polls and surveys, event calendars, videos, photographs, sound recordings, classified advertisements, lists of school open houses and tour dates, contact information, and links (collectively, the "Content"). The Site also allows users to benefit from a variety of services, which may include, without limitation, receiving email updates, subscribing to email alerts, and using the Site to send requests, compliments, and complaints to the appropriate recipients (collectively, the "Services"). All content and services made available through the Site that were not made available as of the "Last revised" date above, shall automatically be deemed to be part of the Content or Services (as applicable) when they are first made available through the Site.

3. Information Submitted Through the Site. All submissions of information through or in connection with the Site are governed by our Privacy Policy, which is hereby incorporated into this Agreement by this reference. When and if you choose to engage in certain types of communication through the Site, including by providing certain types of feedback about specific schools or composing a letter to a public official or school official (for example, through the "Write to the Chancellor" service), you will be asked to enter certain basic information. You agree to (a) provide truthful, accurate, current and complete information about yourself or your organization, as applicable, as prompted (which may include, without limitation, your email address, an accurate account of the events that transpired, the name of the school involved, and so forth); and (b) maintain and update your information, as applicable, to keep it truthful, accurate, current and complete. You acknowledge and agree that if any information provided by you is or is suspected to be untrue, inaccurate, not current or incomplete, we may terminate this Agreement and your use of the Site. You further agree not to deliberately use someone else's name or contact information as your own in any information you provide.

4. Registration; User Names and Passwords. You may be required to register with AFC in order to access certain Services, Content or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your user name. You agree to immediately notify AFC of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you "log off"/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

5. Purchases and Donations. We may make available products and services for purchase through the Site or you may be able to make donations through the Site to help support the Site. If you wish to make such a purchase or donation (each such purchase and/or donation, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) USED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant AFC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

In certain instances, we may use third party payment services (each, a "Payment Service") to collect payments for Transactions. If you make a Transaction using a Payment Service, you will be directed to a web page that is hosted by the Payment Service (or its service provider(s)) and not by AFC (the "Payment Service Page"). Your use of the Payment Service Page will be subject to the Payment Service's user agreement and privacy policy, rather than this Agreement or our Privacy Policy. You acknowledge and agree that AFC is not, and will not be, responsible or liable for the Payment Service's services or site, or for any acts or omissions of the Payment Service.

AFC is a tax exempt organization under section 501(c)(3) of the Internal Revenue Code and is classified as a public charity. Contributions are deductible to the extent permissible by law.

6. Products. Descriptions and images of, and references to, third party products or services available in connection with the Site do not imply AFC's endorsement of such third party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on this Site, are subject to change at any time without notice. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. AFC reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transactions; and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

7. Forums. We and/or our service providers may make services available through the Site (for example, message boards, blogs, forums, comment functionality and private messaging functionality, among other services) to which you are able to post or otherwise make available information and materials, for example, comments on schools (each such service, a "Forum").

Information available on or through our Forums may be provided both by AFC and by third party visitors to the Site. Please note that Site visitors may post messages or make statements in the Forums that are inaccurate, misleading, defamatory or deceptive. AFC neither endorses nor is responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, AFC is not responsible for any information or materials made available through the Forums (including, without limitation, errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will AFC, our affiliates, licensors, licensees, suppliers, sponsors or underwriters, our and their directors, officers, employees, consultants, agents or other representatives, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and do not reflect the opinions of AFC.

In addition, AFC has no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public through any part of the Site. If you choose to make any of your personally identifiable or other information publicly available ON OR THROUGH THE SITE (INCLUDING THROUGH ANY FORUM), you do so at your own risk.

8. License. Please note that because we, in providing the Services, may redistribute materials that you give to us, we require certain rights in those materials. Accordingly, for any videos, sound recordings, photographs, pictures, graphics, comments, letters to the editor or other letters you submit through the Site (including, without limitation, letters to public or private entities or to school officials), opinion pieces, quotes, comments (such as comments on schools or on blog posts), creative suggestions, ideas, notes, concepts, updates, "tips" and other information you submit through a Forum or otherwise through the Site or that you transmit or submit to us otherwise (collectively, "Submissions"), you grant to us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works based on, perform and display (whether publicly or otherwise) such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other person or entity. AFC reserves the right to establish general practices and limits concerning Submissions, including, without limitation, the maximum number of days for which Submissions will be retained and the maximum number of times Submissions may be viewed. AFC shall have no responsibility or liability in connection with the posting of, deletion of or failure to store any Submissions, messages or other communications maintained or transmitted through the Site. We will not be subject to any obligation of confidentiality, attribution or otherwise with respect to any Submissions, and we will not be liable for any use or disclosure of any Submissions. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. AFC shall have no responsibility for ensuring or verifying the receipt of any Submission by designated official(s) or other recipient(s) through "Write the Chancellor" or similar features that enable users to contact individuals (such as school officials) through the Site, nor for monitoring or guaranteeing that such recipients take appropriate action to respond to or resolve the issues you may raise in such Submissions. This section will survive any termination or expiration of this Agreement.

9. Monitoring. You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, in our sole discretion: (a) monitor the Submissions; (b) alter, edit, remove or refuse to post or allow to be posted any Submissions; or (c) disclose any Submissions and the circumstances surrounding their transmission (i) when we believe in good faith that the law permits or requires it (for example, in response to legal process and/or governmental requests, such as a court order or a subpoena); (ii) to our advisors and agents; (iii) to protect our operations; (iv) to protect the rights, property, safety or security of AFC, our users, or the public; (v) to respond to an emergency; (vi) to permit us to pursue available remedies or limit the damages that we may sustain; or (vii) for any other reason or purpose.

10. Letters to Officials. The Site may provide certain features that enable you to compose letters or other communications through the Site for AFC to forward to public or school officials (for example, "Write to the Chancellor" functionality that may be available through the Site). If you elect to compose a letter using such features, you agree to ensure that any such letter complies with all terms and conditions of this Agreement (including, without limitation, with the Rules of Conduct). The Site may also enable you to allow us to forward a copy of your letter, which may include PII, to parent organizing groups. AFC reserves the right (but has no obligation) to review any such communication and to refuse to forward any such letter to such officials and/or organizations where AFC, in its discretion, believes the letter violates this Agreement or is otherwise inappropriate.

11. Classifieds. We may allow individuals or entities, such as schools, to place "classified advertisements" on the Site. Please note that we do not collect or verify the information provided through such classified advertisements; rather, such information is collected directly by the individuals or entities that place such classified advertisements through the Site. You acknowledge and agree that we are not responsible for the acts or omissions of our users or such individuals or entities in connection with such classified advertisements or for the accuracy, reliability, quality or legality of such classified advertisements; that we are not party to or otherwise involved in any transactions in connection with such classified advertisements; and that we have no responsibility to you or to any third party in connection with any such transactions, including with respect to whether any such transaction occurs or fails to occur. We do not endorse such classified advertisements or the individuals or entities that place such classified advertisements through the Site. Please exercise caution and use appropriate discretion in engaging in transactions through such classified advertisements. YOUR USE OF OR RELIANCE ON SUCH CLASSIFIED ADVERTISMENTS IS AT YOUR OWN RISK.

12. AFC's Proprietary Rights. You acknowledge and agree that the information and materials presented to you on or through the Site, including, without limitation, the Content and the Services, are and shall remain the property of AFC and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. You may download any material available on the Site for personal, non-commercial use only, subject to all other terms and conditions of this Agreement; provided that you keep intact all copyright and other proprietary notices. Except as expressly authorized in advance by AFC, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any such information or materials, including, without limitation, any Content or Services.

The trademarks, service marks, logos and trade names displayed on the Site (collectively, the "Trademarks") are the registered and unregistered trademarks of AFC, AFC's licensors and suppliers, and others. All Trademarks on the Site not owned by AFC are the property of their respective owners. The Trademarks owned by AFC, whether registered or unregistered, may not be used in connection with any product or service that is not AFC's, in any manner that is likely to cause confusion with customers, or in any manner that disparages AFC or its programs or services. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark.

13. Rules of Conduct. We have adopted the following rules of conduct (the "Rules of Conduct") in an effort to foster forums where information and views can be shared in an enjoyable and productive way.

While using the Site, you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Site pursuant to Section 20 below.

You agree not to:

• Interfere with or disrupt the operation of the Site, or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies or regulations of such servers or networks;
  
• Restrict or inhibit any other user from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  
• Interfere with or violate any other Site user's right to privacy or other rights, or harvest, collect or disclose information about Site users without their express consent;
  
• Use the Site, Content or Services for any unlawful purpose, or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities;
  
• Transmit (a) any content or information that is unlawful, fraudulent, tortious, threatening, abusive, harassing, degrading, hateful, intimidating, disruptive, libelous, defamatory, obscene or otherwise objectionable or inappropriate, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  
• Engage in spamming or flooding;
  
• Post statements that intentionally discriminate against or harass particular individuals or groups;
  
• Post allegations of potentially criminal acts (please contact the relevant authorities instead);
  
• Impersonate any person or entity, including any AFC employee or user; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply, without our prior written consent, that we endorse any statement you make;
  
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any person or entity;
  
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, web bugs, bots, defects, date bombs, time bombs or other items of a harmful, disruptive, or invasive nature, or any other actually or potentially harmful, disruptive, or invasive code or component;
  
• Modify, adapt, sublicense, translate, sell, license, exploit for commercial purposes, reverse engineer, decompile or disassemble any portion of the Site;
  
• Remove any copyright, trademark or other proprietary rights notices contained in the Site, Content or Services;
  
• Frame or mirror any part of the Site without our prior written consent;
  
• Without AFC's prior written consent, use any robot, spider, site search or retrieval application or other manual or automatic device or process to retrieve, index, "scrape," data-mine or in any way determine, reproduce, archive or circumvent the navigational structure or presentation of the Site or its contents (notwithstanding the foregoing, AFC grants the operators of bona fide generally publicly known search engines permission to use spiders to copy Content from the Site for the sole purpose of and solely to the extent necessary for creating publicly available, searchable indices of the Content (excluding caches or archives of such Content), provided that AFC reserves the right to revoke the foregoing permission, whether in whole or in part, at any time); or
  
• Create a database by manually and/or systematically downloading and storing all or any of the Content from the Site.

In addition, please review our comments policy (the "Comments Policy"), which is hereby incorporated into these Rules of Conduct and this Agreement by this reference. You agree to abide by the Comments Policy when posting any comments on the Site.

You acknowledge that AFC has the right, but not the obligation, to modify or remove, or not to post, any Submissions that violate the Rules of Conduct or that otherwise violate this Agreement. If you see postings that violate these terms of use, please contact us.

14. Content. Content made available on or through the Site is provided by AFC staff or agents (such information, "AFC Content"), as well as third parties (such information, "Third Party Content"). Third Party Content includes, but is not limited to, advice columns, descriptions of schools, statistics, data, legal information, informational updates regarding issues and changes occurring in New York's school system, neighborhood information, information and/or advice relevant to parenting and/or educational success, and information about school-related events. The inclusion of Third Party Content on the Site does not indicate AFC's approval or endorsement of such Third Party Content, or of any opinion, advice or other information made or displayed on the Site by any user or other third party.

Although AFC hopes that the Content will be helpful and informative, we cannot guarantee that the Content will be up-to-date, accurate or complete. Please check directly with applicable schools, the New York City Department of Education and other relevant resources to confirm the currency, accuracy and completeness of all information provided through the Site. AFC is not responsible for, and hereby disclaims any and all liability with respect to, the Content, including errors or omissions in information, postings or other materials, hyperlinks embedded in messages or any results obtained by using such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through the Site.

Although certain Content on the Site may provide legal information (for example, information regarding students' rights), by providing such information we are not providing you with any legal advice - that is, the application of law to your specific circumstances. Although we attempt to ensure that the information we provide through the Site is up-to-date, accurate, complete and useful, such information is written for a general audience, and we cannot guarantee the currency, accuracy, completeness or usefulness of the information. As a result, we recommend you consult a lawyer if you want to ensure that any information available through Site, and your interpretation of such information, is accurate and/or appropriate to your particular situation. (Note also that an attorney-client relationship brings with it certain protections; for example, your lawyer cannot tell others what you said without your permission and your lawyer cannot represent other people whose interests conflict with your own. However, none of these protections apply when you are merely given general information about the law.)

15. Rules for Sweepstakes, Contests, Raffles and Similar Promotions. In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles, surveys or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. AFC urges you to review any specific rules applicable to a particular Promotion, which will be linked to from such Promotion. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

16. Links. The Site provides links to other Internet websites and resources. Because AFC has no control over such sites and resources, you acknowledge and agree that AFC does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, or for the availability of such external sites or resources. AFC is providing these links to you only as a convenience. In addition, AFC has no control over sites that link to the Site, and you acknowledge and agree that AFC does not endorse such sites and is not responsible for any links from those sites to the Site or for any content, advertising, products, or other materials available on such other sites. You acknowledge and agree that AFC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which AFC provides links or that link to the Site; or (b) any content, goods or services available on or through any such sites or resources. AFC shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.

17. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by AFC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to:

By Mail:

Kim Sweet
Executive Director
Advocates for Children of New York, Inc.
151 West 30th Street, 5th Floor
New York, NY 10001
By email: info@advocatesforchildren.org
Fax number: 212-947-9790
Telephone number: 212-947-9779

18. Access by Minors. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise: http://kids.getnetwise.org/tools/. Please note that AFC does not endorse any of the products or services listed on such site.

19. Jurisdictional Issues. The Site is controlled and operated by AFC from its principal office in the State of New York, and is not intended to subject AFC to the laws or jurisdiction of any state, country or territory other than the State of New York and the United States. AFC does not represent or warrant that the Site, Content or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules and regulations. We reserve the right to limit the availability of the Site, or the availability of any Content or Services in connection therewith, to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such Content, Service or other products or materials that we provide.

20. Termination. You agree that AFC, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if AFC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site, Content or Services under any provision of this Agreement may be effected without prior notice, and that AFC may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that AFC shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 8, 11, 12 and 19-25 shall survive any expiration or termination of this Agreement.

21. Disclaimers. THE SITE, THE CONTENT AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, CONTENT AND SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AFC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, CONTENT AND SERVICES, AND ANY OTHER CONTENT OR SERVICES YOU MAY ACCESS THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

AFC AND OUR AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, SPONSORS AND UNDERWRITERS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF AFC OR OUR AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, SPONSORS OR UNDERWRITERS, OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, OR ANY USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

A possibility exists that the Site, Content or Services could include inaccuracies or errors, or information or materials that violate this Agreement (including the Rules of Conduct). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Content or Services. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you.

22. Limitation of Liability. NEITHER AFC NOR ANY OF OUR AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, SPONSORS OR UNDERWRITERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, NOR ANY USERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP USING THE SITE, CONTENT, SERVICES OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO AFC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

23. Indemnification. You agree to defend, indemnify and hold harmless AFC, our affiliates, licensors, licensees, suppliers, sponsors or underwriters, our and their directors, officers, employees, consultants, agents or other representatives, and any users, from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your activities in connection with the Site (including all Transactions); (b) any violation of this Agreement by you; or (c) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.

24. Governing Law; Forum. This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to the Site or this Agreement.

25. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and AFC. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, sublicense or otherwise dispose of, whether voluntarily or involuntarily, by operation of law or otherwise, this Agreement and any of our rights or obligations in this Agreement at any time. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any failure on the part of AFC to enforce (at any time or for any period of time) any provision of this Agreement shall not be deemed or construed to be a waiver of such provision or of any right of AFC thereafter to enforce each and every such provision on any succeeding occasion (including, without limitation, your breach thereof). Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in AFC's discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. AFC will not be responsible for failures to fulfill any obligations due to causes beyond its control.

26. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us using the information provided on our Contact Us page. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

27. Questions. The Site is provided by Advocates for Children of New York, Inc. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us or write to:

Advocates for Children of New York, Inc.
151 West 30th Street, 5th Floor
New York, NY 10001

The Site ©2002-2008 Advocates for Children of New York, Inc. All rights reserved.