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Terms of Use

 

Effective Date:  October 29, 2021

 

This is a binding legal agreement between you and Young Adult Institute, Inc. d/b/a/ YAI (“YAI”, “we”, “us”, or “our”) that sets forth the terms under which you may use this website, www.yai.org, including all content, features, functionality, programs, applications, or services provided in or through the site (collectively, the “Site”). This legal agreement shall be referred to throughout this document and the Site as “Terms” and governs, together with any other applicable rules, policies, and terms posted within the Site, which are incorporated herein by reference, your use of the Site.

Your Acceptance. The Site is available only to individuals who can enter into legally binding contracts under applicable law. By accessing and using the Site, you agree to these Terms. YAI reserves the right to revise these Terms at any time in its sole discretion by posting revised Terms to the Site. Material revisions of these Terms will be accompanied by an updated Effective Date. Your use of this Site after any revision to these Terms signifies your acceptance of the Terms effective at that time. You are responsible for regularly reviewing these Terms for updates and/or changes. 

No Substitute for Professional or Medical Advice and Treatment. The information provided in the Site is provided for general information only. Users of the Site should not use or rely on information provided by the Site for treatment, diagnosis, or advice related to their own health issues. Users should consult a physician or other health care provider about any health condition they have. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the Site. In using the Site, you agree that neither YAI nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented through the Site.

 

NO STATEMENTS MADE IN THIS SITE HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE SITE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Privacy Policy. YAI/NIPD Network respects your privacy. Please view our Privacy Policy, which is incorporated herein by reference.

HIPAA Notice of Privacy Practices.  Read more about YAI/NIPD Network’s privacy practices regarding health and medical information under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

License. Subject to your compliance with these Terms, YAI grants you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense), solely for your personal, non-commercial use, to access, use and display the Site in U.S. jurisdictions only.

 

License Restrictions. Unless expressly permitted in writing by YAI, you may not (i) copy, modify, adapt, translate into any language, distribute, broadcast, stream or create derivative works based on the Site; (ii) sublicense, assign or otherwise transfer or otherwise assign these Terms or any of the rights or licenses granted under these Terms; (iii) sell, rent, lease, or lend the Site to any person or entity; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law; or (v) remove any proprietary notices or labels on the Site. Any such forbidden use will immediately terminate your license to the Site.  You may not use the Site in an attempt to, or in conjunction with any device, program, or service designed to, modify, circumvent, defeat or tamper with technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright or other intellectual property laws of any jurisdiction.

 

Ownership of Site. All right, title, and interest in and to the Site, including all copies, translations, compilations, derivative works, or modifications thereto, are owned by YAI or its licensors, as the case may be. The Site is licensed, and not sold to you under these Terms and all rights not expressly granted in these Terms are reserved to YAI. The Site is protected under U.S. and international copyright laws, and is subject to other intellectual property and proprietary treaties and laws. YAI enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including but not limited to the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code.  All rights are reserved. Copyright © 2021 YAI. You must abide by all copyright notices, information, or restrictions contained in or attached to the Site. YAI and all related names, as well as all logos, product and service names, designs, and slogans included in the Site are the trademarks of YAI or its affiliates or licensors. You must not use such marks without the prior written permission of YAI. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Ownership of all trademarks and the goodwill associated therewith remains with YAI or its licensor, as the case may be.

 

User Content. It may be possible for you to provide or make available to YAI suggestions, comments, feedback, ideas, improvements, or other content or materials through the Site (collectively, “Content”). If you provide any Content, you grant to YAI and YAI’s affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Content, in whole or in part (including your name, likeness, age, and gender) in any format or medium now known or later developed both on and outside of the Site. Any Content you provide through the Site is and will be deemed to be non-confidential and you agree that you are solely responsible for any Content you provide through the Site. YAI is not required to host, display, or distribute any Content, and may remove it at any time or refuse any Content for any reason. YAI is not responsible for any loss, theft, or damage of any kind to any Content. You represent and warrant that: (a) you own all rights in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to YAI all of the rights described herein; and (b) your Content does not infringe the intellectual property rights, privacy, or any other legal or moral rights of any third party.

 

You are prohibited from providing Content or otherwise using the Site to transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, discriminatory, offensive, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law or a copyright, trademark or other intellectual property right of another. YAI will cooperate with any law enforcement authorities or court order requesting or directing YAI to disclose the identity of anyone posting Content.

 

Internet Service Provider Access, Charges and Security. You acknowledge and agree that using the Site may require access to the internet via your internet service provider, wireless carrier or other method of internet access, and that access to the Site may not be available if you do not have an internet connection or for other reasons. You further acknowledge and agree that by using the internet to use the Site, you may incur charges from your internet service provider, wireless carrier, or other method of internet access, depending upon your contract or plan with your provider. You acknowledge that payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your internet service provider, wireless carrier, or other method of internet access. YAI does not control internet or wireless access. Your use of these networks may not be secure and may expose your personal information sent over such networks. You are solely responsible for implementing sufficient procedures to satisfy your particular requirements for protection of your computer systems and/or accuracy or integrity of information. For additional information relating to your privacy, view our Privacy Policy, which is incorporated herein by reference.

 

Changes, Discontinuation, and Termination. Your rights under these Terms will automatically terminate if you fail to comply with any term of these Terms. In the case of termination, you must cease all use of the Site, and YAI may immediately revoke your access to the Site. YAI reserves the right to modify, suspend or discontinue your access to the Site for any reason without notice, in its sole discretion. YAI has no obligation to provide the Site, and may change the form or nature of, the Site. YAI will have no liability whatsoever to you or any third party for any failure or discontinuation of the Site, or for modifying, suspending, or discontinuing your access to the Site.

 

Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, PHONE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE.

 

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER YAI NOR ANY PERSON ASSOCIATED WITH YAI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER YAI NOR ANYONE ASSOCIATED WITH YAI REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, YAI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You acknowledge that the provisions of this section are a material inducement and consideration to YAI and its suppliers to grant the license contained in these Terms and to provide you with access to the Site.

 

Limitation of Liability. In the event you are dissatisfied with, or dispute, these Terms or the Site, your sole right and exclusive remedy is to terminate your use of the Site, even if that right or remedy is deemed to fail of its essential purpose. You confirm that YAI has no other obligation, liability, or responsibility to you or any other party. IN NO EVENT WILL YAI, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR THIRD-PARTY PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF SAVINGS, BUSINESS INTERRUPTIONS, LOSS OF DATA, LOSS OF TIME, LOSS OF GOODWILL OR OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ITS SUBJECT MATTER, YOUR USE OF OR INABILITY TO USE THE SITE, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SITE, REGARDLESS OF WHETHER YAI OR ITS SUPPLIERS OR LICENSORS KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YAI’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for direct, incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that YAI may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of YAI’s liability will be limited to the fullest extent permitted by applicable law.

 

Indemnification. You agree to indemnify, defend and hold harmless YAI, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers, licensors and, third-party partners from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms, to the fullest extent allowed by law.

 

Links from the Site. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites.  Even though we may provide a link to another site, we do not recommend such a third-party site unless we specifically state that fact. 

 

Compliance with Laws. The Site is intended to comply with the laws and regulations in the United States and is intended for use only by residents of the United States. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States. Any portion of this Site is void where prohibited.

 

Governing Law. These Terms are governed by the laws of the State of New York, USA, as such laws apply to contracts between New York residents entered into and performed entirely in New York, notwithstanding your place of residency or New York conflicts of law provisions. You agree that any dispute arising from or relating to these Terms will be brought exclusively in a court of competent jurisdiction, federal or state, located within the State of New York, County of New York, and in no other jurisdiction, and you hereby consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, such court. These Terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

 

How to Contact Us. If you have any questions or concerns regarding the Site, please contact us at:

 

Agent: Compliance & Privacy Officer Phone: 212.273.6241 Email: kristen.elkins@yai.org Standard Mail YAI Attn: Kristen Elkins Compliance & Privacy Officer
220 E 42nd Street, 8th Floor
New York, New York 10017-5803

Miscellaneous. If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect. Failure by YAI to enforce any right with respect to a breach hereunder will not constitute a waiver by YAI of the right to enforce rights with respect to the same or any other breach. These Terms constitute the entire agreement between you and YAI with respect to and supersedes any previous oral or written communications or documents (including any agreement that may have been included with an earlier version of the Site) concerning, the subject matter of these Terms. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify the terms of these Terms.