Terms of Use

EFFECTIVE DATE: July 28, 2020

These Terms and conditions (“the Terms”) are an agreement between you and The United Arc. The Terms explain how you are permitted to use our website www.theunitedarc.org and related sites linking these terms (individually and collectively, the “Site”) and the Services available through our Site (collectively, the “Services”). By using this Site, you are agreeing to all the Terms; if you do not agree with any of these Terms, do not access or otherwise use this Site or any information contained on this Site. These Terms expressly incorporate the provisions of our privacy notice.

CHANGES

The United Arc may make changes to the content offered on the Site at any time. The United Arc can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site. By using this Site after The United Arc has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

GENERAL USE

The United Arc provides content through the Site that is copyrighted and/or trademarked work of The United Arc, The United Arc’s third-party licensors and suppliers, or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

Subject to the terms and conditions of these Terms, and your compliance with these Terms, The United Arc hereby grants you a limited, personal, non-exclusive and non-transferable permission to use this Site solely for your informational, non-commercial and personal use. This permission does not include or authorize: (a) the distribution, public performance or public display of any Materials, (b) modifying or otherwise making any derivative uses of the Site, Services or Materials, or any portion thereof; (c) the use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site or Materials or any information contained therein, except as expressly permitted on the Site; or (e) any use of the Site or Materials other than for its intended purpose. Any use of the Site or Materials other than as specifically authorized herein is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

PRIVACY NOTICE

Please review The United Arc’s privacy notice, which explains how we use information that you submit to The United Arc through the Site.

CONTENT ACCURACY, REVIEWS, RATINGS AND LINKS TO THIRD-PARTY SITES

While The United Arc endeavors to provide and to allow others to provide useful information regarding the qualifications, services and organizations featured on the Site, you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy of such information, that service descriptions and other information may be incomplete or may contain inaccuracies, and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that our ratings and other data, summaries or descriptions on the Site, are based on data obtained by or submitted to The United Arc, which may be incomplete or inaccurate. The information contained on the Site is not a guarantee of quality or suitability for any particular purpose. You should independently verify the accuracy of any information you obtain on the Site before purchasing any product or service.

You agree that The United Arc will not, under any circumstances, be responsible or liable, directly or indirectly, for any goods, services, information, resources and/or materials available on or through the Site, and/or third-party dealings or communications, or for any harm related thereto, or for any damages or loss caused or alleged to be caused by or in connection with your use or reliance on the materials, assertions, or business practices of any third-party.

UNAUTHORIZED ACTIVITIES

When using this Site, you agree to abide by common standards and act in accordance with the law. Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.

PROPRIETARY RIGHTS

The following are trademarks of The United Arc: “Arc,” “The United Arc,” “Achieve with Us,” “The United Arc for People with Intellectual and Developmental Disabilities” Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of The United Arc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

INTELLECTUAL PROPERTY INFRINGEMENT

The United Arc respects the intellectual property rights of others, and we ask you to do the same. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide The United Arc’s designated agent the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an      exclusive right that is allegedly infringed.
• Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit The United Arc to locate the material.
• Information reasonably sufficient to permit The United Arc to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The United Arc’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

info@theunitedarc.org, The United Arc, 294 Avenue A, Turners Falls, MA 01376

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to The United Arc designated agent that includes all of the following information:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which The United Arc may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

DISCLAIMER OF WARRANTIES

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by The United Arc, and they may include inaccuracies or typographical or other errors. The United Arc does not warrant the accuracy of timeliness of the Materials contained on this Site. The United Arc has no liability for any errors or omissions in the Materials, whether provided by The United Arc, our licensors or suppliers, or other users.

The United Arc, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with this Site or any Materials relating to the quality, suitability, truth, accuracy or completeness of any information contained or presented on this Site, including without limitation the Materials. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this Site, Materials and any information contained or presented on this Site is provided to you on an “as is,” “as available” and “where-is” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The United Arc does not provide any warranties against viruses, spyware or malware that may be installed on your computer.

LIMITATION OF LIABILITY

The United Arc shall not be liable to you for any damages resulting from your displaying, copying, transmitting, or downloading any materials to or from this site. In no event shall The United Arc be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if The United Arc knows there is a possibility of such damage.

LOCAL LAWS; EXPORT CONTROL

The United Arc controls and operates this Site from its headquarters in the Commonwealth of Massachusetts in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the Commonwealth of Massachusetts, you are responsible for following applicable local laws.

GENERAL

The Federal Arbitration Act, applicable U.S. federal law, and the laws of the Commonwealth of Massachusetts, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in federal and local courts of the Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The United Arc’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and The United Arc and supersede all prior or contemporaneous negotiations, discussions or agreements between you and The United Arc about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US

If you have any questions about these Terms or otherwise need to contact The United Arc for any reason, you can reach us at The United Arc, 294 Avenue A, Turners Falls, MA 01376 Phone: (413) 774-5558.