The Bowery Mission Terms of Use

Last Updated February 4, 2021

The Bowery Mission's services include providing meals, shelter, clothing and other emergency services daily to the community, while also offering residential housing and wraparound services for adults or enrichment activities for youth from underserved neighborhoods. Altogether, our continuum of care provides options ranging from emergency care to short- and long-term Community & Residential Programs to Transitional Housing.

ACCEPTANCE OF AGREEMENT

These Terms of Use apply to The Bowery Mission (“TBM,” “we,” “our,” or “us”) website located at www.bowery.org (the “Site”) and include any future modifications and/or addenda.

The following terms of use, together with any documents incorporated by reference (this "Agreement") govern your use of the Site and any other sites, products, services, features, contents, mobile sites, and applications/or offered by us from time to time that link or otherwise refer to this Agreement, (collectively, including the Site, the "Services").

Your use of the Services is also subject to additional guidelines or rules posted in certain areas of the Service.

TBM may incorporate additional guidelines, rules, and/or supplemental terms are also incorporated into this Agreement. Failure to comply in full with the Agreement will result in cessation of access and use privileges and may result in legal actions taken against offending individuals and/or organizations in our sole discretion. We reserve the right to block your access to the Services for violation of this Agreement. This Agreement may be updated at any time without notice. You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the Services constitutes acceptance of any changes to this Agreement.

Please read this Agreement carefully before you start to use the Services. BY ACCESSING AND/OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT AND TBM'S PRIVACY NOTICE (WHICH IS INCORPORATED HEREIN BY REFERENCE) AND TO COMPLY WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS (COLLECTIVELY, "APPLICABLE LAWS"). If you do not want to agree to this Agreement and the Privacy Notice, you must not access or use the Services.

DEFINITIONS

The word "User(s)” means any Person (also referred to as "you" or "your") visiting, accessing, or using the Services. The word "Person(s)" means any natural person, donor, sole proprietorship, corporation, partnership, or other entity whatsoever. The word "or" includes the word "and." The words "includes" or "including" means "includes, but is not limited to" or "including, but not limited to."

USE LIMITATIONS

ELIGIBILITY

The Services are offered and available to Users who reside in the United States. By using our Services, you represent that you are at least thirteen (13) years of age, and if you are under eighteen (18), that your parent or legal guardian agrees to be bound by this Agreement, and that you have not been previously removed from or prohibited from using TBM’s Services. For all Users and Persons over the age of 18 that visit, access, and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with TBM and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership, or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User.

To access the Services or some of the resources therein, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is accurate, current, and complete. You agree that all information you provide to register for a Service or otherwise, including through the use of any interactive features on the Services, is governed by the Privacy Notice, and you consent to all actions we take with respect to your personal information consistent with the Privacy Notice. For purposes of this Agreement, "personal information" means information that relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.

PROHIBITED USES

You may only use the Services for lawful purposes and in accordance with this Agreement. You specifically agree to not:

Violate any Applicable Laws while using the Services;
Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm any Person in any way, including minors by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Use the Services to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
Impersonate or attempt to impersonate TBM, a TBM employee or volunteer, another User, or any other Person (including by using e-mail addresses or user names associated with any of the foregoing);
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm TBM or Users of the Services or expose them to liability;
Attempt to disable, overburden, damage, or impair the Site or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services;
Take any action that imposes an unreasonable or disproportionately large load on TBM's technical infrastructure;
Copy the Services and/or any of the content, data, and/or materials therein for any other unauthorized purpose without our prior written consent;
Use any data mining, robot, spider, crawler, cancelbots, or other devices, processes, or means to access the Services and/or facilitate the misuse of the Services for any purpose, including monitoring or copying any of the content, data, or materials that are part of the Services;
Reverse-engineer, disassemble, or decompile the Services and/or any content, data, and/or materials therein, or attempt to do the same;
Use any device, software, or routine that interferes with the proper working of the Services or otherwise attempt to interfere with the proper working of the Services;
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful or otherwise attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services;
Attack the Services via a denial-of-service attack, a distributed denial-of-service attack, or another similar attack; or
Participate in coordinated efforts or group activities with others in order violate or to exceed these use limitations. Failure to comply with these limitations will result in cessation of access and use privileges and may result in legal action against the offending individuals and/or organizations at the discretion of TBM.

GEOGRAPHIC RESTRICTIONS

The owner of the Services is based in the United States. We provide the Services for use only by Persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain Persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

PRICING, BILLING, FEES, & TRANSACTIONS

TBM may charge incidental fees for services offered. If you have paid for a service and would like a refund, please contact us directly.

NOTICES

You agree that any notices that TBM may be legally required to send to you will be effective upon either: (a) TBM's sending an e-mail message to the e-mail address you have on file with TBM; or (b) TBM publishing such notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

FORCE MAJEURE

A Force Majeure is defined as an Act of God, pandemic, epidemic, contagion, disease, fire, flood, earthquake, storm, act of terrorism, war, protest, civil disobedience, riot, rebellion, accident, explosion, crime, change in law or regulation, any disruption, outage or malfunction of interference in communication, network, equipment, or software, act of any military, civil or regulatory authority, any disruption or delay in supplies, power or other utilities, any labor disputes or shortage, natural disaster, actions or decrees of governmental bodies, strikes, or embargo.

DISCLAIMER OF WARRANTIES, TERMS, & LIABILITY

THE SERVICES, INCLUDING ANY CONTENT, DATA, AND/OR MATERIALS ACCESSIBLE ON THE SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THERE MAY BE DELAYS, OMISSIONS, AND/OR INACCURACIES IN SUCH ITEMS. TBM INDEMNIFIED PARTIES (AS DEFINED BELOW) CANNOT AND DO NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND/OR THE CONTENT, DATA, AND/OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES OR BY ANY FORCE MAJEURE OR ANY OTHER CAUSE BEYOND THEIR REASONABLE CONTROL AND HEREBY EXPRESSLY DISCLAIM ANY WARRANTY THEREFORE.

TBM INDEMNIFIED PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE, OMISSION IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING, OR DELIVERING ANY DATA THROUGH THE SERVICES OR FOR INTERRUPTION IN THE SERVICES. IN NO EVENT, WILL TBM INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR YOUR USE OF OR INABILITY TO USE THE SERVICES, THE SITE, ANY SITES LINKED TO OR FROM THE SERVICES, ANY DATA ON THE SERVICES, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TBM makes no warranties of any kind regarding any third-party sites or services ("Third-Party Services") to which you may be directed or linked to from the Services. Links are included solely for your convenience, and TBM makes no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in such Third-Party Services.

Inclusion of any Third-Party Service or a link thereto on the Services does not imply approval or endorsement by TBM of the Third-Party Service. When you engage with a provider of a Third-Party Service, you are interacting with the third-party, not with TBM. When you access Third-Party Services, you understand that you do so at your own risk. If you choose to use a Third-Party Service and share information with it, the provider of the Third-Party Service may use and share your data in accordance with its Privacy Notice and your privacy settings on such Third-Party Service. You should not provide any personally identifiable information to or through any Third-Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third-Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services.

INDEMNIFICATION

You agree to indemnify and hold TBM, its parents, subsidiaries, affiliates, licensors, advertisers and sponsors, volunteers, agents, directors, officers, and employees and third-party information providers (collectively, the "Company Indemnified Parties") harmless from and against any and all Losses resulting or arising from any claim, action or proceeding brought by any third party in connection with or relating to your access to or use of the Services (or the use of the Services by another Person using your password) or violation of this Agreement. "Losses" means any and all penalties, claims, actions, suits, costs, judgments, settlements, and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including: (a) indirect, special, punitive, consequential, or incidental losses or damages (including, but not limited to, trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, or other indirect loss or damage); and (b) administrative costs, investigatory costs, litigation costs, expert costs, and auditors' fees and costs, and attorneys' fees, costs, and disbursements (including in-house personnel).

PROPRIETARY RIGHTS & PROTECTION

All of the data, information, content, materials, services, and software displayed on, transmitted through, or used in connection with the Services, including, for example, reviews, text, photographs, images, illustrations, HTML, source and object code, software, Data (as defined below), etc., as well as its trade dress, layout, presentation, selection, and arrangement, are owned by TBM (collectively, the "Content"). TBM actively protects its rights to the Content to the fullest extent of the law. You may not use such Content except as provided in this Agreement.

You may use the Services online and solely for your personal, non-commercial use. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet, or Extranet site or incorporate the Content in any database, compilation, archive, or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and, unless explicitly permitted on the Services, you may not modify, copy, frame, reproduce, sell, publish, transmit, display, download, share, or otherwise use any portion of the Content without the prior written consent of TBM. For information on requests to use the Content for any purpose other than as permitted in this paragraph, please contact us at [email protected]. Any use of the Services not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and/or other laws.

The Services contain data and other information including written words (collectively, the "Data"). The Data may be generated by TBM or gathered by TBM from other sources. You acknowledge and agree that the Data are highly proprietary in nature and that unauthorized copying, transfer, or use may cause TBM or its affiliates, agents, information providers, and licensors irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of the Agreement may be enforced by TBM by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies available to it. You may not frame or utilize framing techniques that involve any Content, trademark, logo, copyrighted material, or other proprietary information (including images, text, page layout, or form) of any portion of the Services without our express prior written consent.

DURATION & SURVIVAL

Even after your access to the Services is terminated by you or by TBM, this Agreement will remain in full force and effect with respect to your past and future use of the Services. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

CHANGES TO THE SERVICES OR THE AGREEMENT

TBM may, at any time, change or discontinue any aspect or feature of a Service, including Content and hours of availability. We may update the Content, including, but not limited to, any Data on the Services from time to time, but Content is not necessarily complete or up-to-date. Any of the material on the Services may be out-of-date at any given time, and we are under no obligation to update such material.

You agree to be bound by future revisions of this Agreement. It is your responsibility to visit the "Terms of Use" link at the bottom of the www.bowery.org homepage periodically to review the most current terms and conditions. TBM may also impose limits on certain features and services or restrict your access to parts or all of a Service without notice or liability. We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to Users.

TBM may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

DISSEMINATION, DISCONTINUANCE, OR MODIFICATION

You understand that, at any time, TBM may discontinue disseminating any feature of the Services. You will not hold TBM liable for any resulting liability, loss, or damages that may arise therefrom. You acknowledge that TBM, in its sole discretion, may from time to time make modifications to its system(s), the Services, or Data.

PRIVACY

Your use of the Services is also governed by TBM's Privacy Notice. TBM does not knowingly allow access to or collect information from children under the age of thirteen (13), without verifiable parental or guardian consent. If you are not over the age of thirteen (13), please do not use the Services.

GOVERNING LAW & JURISDICTION

This Agreement shall be governed by and construed in accordance with laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of New York. The Parties agree to resolve any disputes peaceably and amicably first. Should any dispute arise over the application or interpretation of the Agreement, the Parties shall meet to discuss their difference and arrive at a mutual Agreement. If a mutual Agreement cannot be reached within sixty (60) days by employing the above methods, the Parties shall consult a private mediator agreeable to both Parties. Reasonable fees for the mediator shall be split equally between the Parties. Each Party is responsible for their own attorney’s fees resulting in the mediation. If any such dispute cannot be resolved through mediation with the 90-day period, any and all claims and actions arising of or relating to this Agreement or relationship of the Parties, shall be exclusively litigated in the County of New York, New York. Each Party shall be responsible for their own attorney’s fee resulting from such litigation.

CLASS ACTION WAIVER

BOTH YOU AND TBM WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM, OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR PURCHASES THROUGH THE SERVICES AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.

ENTIRE AGREEMENT

This Agreement, the Privacy Notice, and the Class Action Waiver, any supplemental terms, applicable Third-Party Terms (as defined below) and any other required documents for use of the Services, constitute the sole and entire agreement between you and the Organization with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (both written and oral) with respect to the Services.

FEEDBACK, COMMENTS, & CONCERNS

All feedback, comments, concerns, requests for technical support, and other communications relating to the Services should be directed to [email protected]. For any ideas, suggestions, recommendations, requests, or other feedback that you provide to the Organization (collectively, "Feedback") you grant the Organization a perpetual, irrevocable, transferable, worldwide, fully-paid, royalty-free license to create derivative works and fully use and exploit such Feedback without any obligation to you (monetary or otherwise).

TRADEMARK & COPYRIGHT OWNERSHIP NOTICE

The Services contain proprietary, original content that is protected by U.S. copyright and international treaties. TBM retains all intellectual property rights. TBM will pursue legal action against anyone who misappropriates its name, trademarks, or content. This notice constitutes fair warning. All trademarks used herein are the exclusive property of their respective trademark owners and may not be used in any way without written consent of their owner. Without limiting the foregoing, the following notices will apply to the Services:

The trademarks and their corresponding logos are owned by The Bowery Mission.