Terms

Terms of Use – Last updated: September 10, 2007

PLEASE READ THIS TERMS & CONDITIONS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. Helene Marks Early Start Foundation (“HMESF”, “we”, “us”) provides this website and website-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in this Terms & Conditions Agreement (the “Agreement”). This Agreement governs the relationship between HMESF and you, the Site visitor, with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement.

In addition, our Privacy Policy is incorporated by reference into this Agreement. To review our Privacy Policy, please click here.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. If you do not agree to these terms and conditions, including abiding by the terms of our Privacy Policy, you must not use the Site.

Updates to the Agreement, Website

We may at any time, at our sole discretion, revise or otherwise update this Agreement by posting an amended Agreement on the Site; any changes that we make to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement; you will be able to determine if this Agreement has been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this Agreement. Your use of the Site following the posting of an updated Agreement constitutes acceptance of the updated Agreement.

Further, we reserve the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. You agree that HMESF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

If you have any questions about this Agreement, please contact us at [ ].

Eligibility

Use of the Site is void where prohibited. By using the Site, you represent and warrant that: 1) you are 18 years of age or older or have received parental consent and supervision when using the Site; and 2) your use of the Site does not violate any applicable law or regulation.

HMESF

HMESF is a not-for-profit corporation incorporated in New York in 2007. We are currently in the process of applying to the Internal Revenue Service (“IRS”) for federal recognition of tax-exempt status. We do not guarantee that we will be recognized as a tax-exempt organization by the IRS. Until the IRS determines that HMESF qualifies for tax-exempt status, donations are not tax-deductible. If the IRS does recognize HMESF as a tax-exempt organization, donations will be tax-deductible as allowed by law dating back to the date of our incorporation. To recognize a tax deduction for any donation made prior to an IRS determination that HMESF is tax-exempt, you may have to amend your tax returns for 2007.

Copyright

All material on this Site is, unless otherwise stated, the property of HMESF. These materials are protected by copyright and other intellectual property laws. Information received through the Site may be displayed, reformatted, and printed for your personal, noncommercial use only. You may not reproduce or retransmit the materials, in whole or in part, in any manner, without the prior written consent of HMESF.

Requests for permission to reproduce or distribute materials available through this Site should be directed to [ ].

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

HMESF makes reasonable efforts to provide a website that is safe and accurate, but we do not warrant the accuracy, completeness, currentness, noninfringement, or fitness for a particular purpose of the information available through this Site or through any third-party Internet websites to which we link, nor do we guarantee that this Site or any other websites will be error-free or continuously available.

THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HMESF DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE (INCLUDING ANY LINKS TO OTHER WEBSITES THAT ARE CONTAINED WITHIN THE SITE) AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. HMESF WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HMESF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Your sole remedy for dissatisfaction with the Site or the information or material provided therein is to stop using the Site. You expressly understand and agree your use of the Site, the content and software is at your sole risk.

Hyperlinks to this Site

You are free to establish a hypertext link to the Site from your home page, so long as the page containing the link properly attributes the linked site to HMESF and does not state or imply any sponsorship of your site by HMESF. Without the prior written consent of HMESF, you may not create a link to this Site that incorporates or relies upon, in whole or in part, any content from any page on this website, or that incorporates any copyrighted or otherwise intellectual property of HMESF.

Requests for permission to create a link incorporating or relying upon, in whole or in part, any content from this Site should be directed to [ ].

Hyperlinks to Other Sites

This Site contains hyperlinks to other websites. Unless we expressly state otherwise, the fact that we have provided a link to another website is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. We are not responsible for the content, products, services, policies or activities of any other websites, including their privacy practices.

Miscellaneous

If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. 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. A party’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire Agreement between you and us relating to your use of the Site. Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement may not be modified or assigned by you except with our prior written consent.

Governing Law

This Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Manhattan, New York.