PJ Our Way Terms of Use

These Terms of Use constitute a legal agreement between you and The Harold Grinspoon Foundation (sometimes referred to as “HGF,” “we” or “us”) for HGF’s provision of website features, services, books, programs, information, forums, and other related services (collectively, the “Service”) at www.pjourway.org (the “Site”), including its PJ Our Way book engagement program. As used herein, “you” refers to a user of the Service and, in addition, when the user of the Service is a minor registered by a parent and/or guardian, the term “you” also includes such parent and/or guardian. If you use the Service, you accept and agree to be legally bound by these Terms of Use. Please read them carefully. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

1. Use of the Service by Minors

Individuals under the age of 18 may not use the Service unless their parent or guardian registers them to use the Service. In the event that you register a minor to use the Service, you hereby agree to these Terms of Use on behalf of yourself and such minor, and you understand and agree that you will be responsible for all uses of the Service by the minor you register, whether or not such uses were authorized by you.

The PJ Our Way book engagement program is intended for children who are between 8 ½ years to 11 years old and living in the United States and Canada. More information about the parameters of and eligibility for our PJ Our Way book engagement program can be found at: https://www.pjourway.org/about/frequently-asked-questions

2. Your Account

In order to participate in some aspects of the Service, including participation in our PJ Our Way book engagement program, you must create an account through the Site (the “Account”). You must be at least 18 years of age to create an Account. If you are a parent or guardian registering a minor to use the Service, you hereby represent and warrant that you are the legal parent or guardian of that minor. With regard to your registration for an Account, you acknowledge and agree that you will: (A) provide true, accurate, current, and complete information as requested by the registration form; and (B) maintain and update this registration information to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you hereby accept sole responsibility for all activities that occur under your Account or password. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to the Account are owned by and inure to the benefit of HGF.

HGF respects your privacy, and for additional information regarding how we handle the information you transmit to us through the Site, including without limitation your registration information, please visit our PJ Our Way Privacy Policies. By accepting these Terms of Use, you agree to all of the terms of the PJ Our Way Privacy Policies.

Privacy Policy | Children's Privacy Policy

3. Grant of License and Restrictions

The Service may be used by you only for your personal, non-commercial use as provided in these Terms of Use. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, registered design, design right, copyright or other intellectual property right of HGF.

You are granted a personal, limited, non-transferable, non-exclusive license to access the Site and use, for non-commercial purposes only, the Service, provided that you do not, and do not allow any third party to:

  1. Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the Site or any materials provided in the Service, including, but not limited to design and materials including all text, audio and audio-visual materials, artwork, graphics, code and/or software and all other copyrightable elements (the “Content”).
  2. Disrupt or assist in the disruption of any Service server or any other user’s Service experience.
  3. Use any meta tags or any other “hidden text” utilizing HGF’s name or Marks (as defined below).
  4. Intimidate or harass other users of the Service.
  5. Collect any information (including usernames and/or email addresses) about other users of the Service; create or transmit unwanted electronic communications to other users of the Service; or otherwise interfere with such users’ enjoyment of the Service.
  6. Use the Service to send junk mail, spam, chain letters, or pyramid schemes.
  7. Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment.

The grant of this limited license is conditioned upon your agreement to and compliance with all of these Terms of Use. HGF may suspend or deactivate your Account at any time for any or no reason, with or without notice to you. By way of example only, most Account suspensions or deactivations are the result of an end user’s failure to comply with any term(s) or condition(s) of these Terms of Use. Unauthorized or prohibited use of the Site or the Content may subject you to civil liability and criminal prosecution.

HGF reserves the right to add, modify, or delete any information on the Site and in the Service at any time. HGF makes no representation or warranty as to the completeness or accuracy of the information contained on the Site and/or Service, nor does it represent or warrant that the Site and/or Service will be available at all times. The information contained on the Site and in the Service may be incomplete, may contain errors, or may become out of date at any time. HGF makes no commitment and expressly disclaims any duty to update any of the content on the Site or in the Service.

4. Communication Facilities; Rules of Conduct

The Service may include forums, message boards, blogs and other communication functions and facilities through which you can communicate with other users of the Service (collectively, “Communication Facilities”). You agree only to use the Communication Facilities to post, receive or send communications in connection with the Service. Your use of the Service, including the Communication Facilities, is governed by the Terms of Use and the Rules of Conduct, which you must follow. By way of example only, and not limited to the following, you agree you will not engage in the following activities on or through the Site, Services or Communication Facilities:

 
  1. Transmit messages which are, in HGF’s sole discretion, offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, threatening, sexually explicit, or otherwise objectionable.
  2. Intimidate, bully, threaten or harass other users or moderators of the Service.
  3. Impersonate any real person, including without limitation an agent of HGF, or otherwise communicate in the Communication Facilities in any way designed to make others believe that your message constitutes a server message or was otherwise posted by a representative of HGF.
  4. Provide personally-identifiable information of any kind, including first and last names; your state, city, address, phone number, or e-mail; the name of your school; or personal websites.
  5. Provide book reviews with “spoilers” that reveal key aspects of the book’s plot.
  6. Provide book reviews that are not relevant to the book being reviewed (e.g., “I’m going to a cool concert tonight”).
  7. Engage in or promote criminal activities or actions that aid such activities.
  8. Engage in “trolling.”
  9. Engage in spamming, double posting, cross-posting, and resurrecting old posts.
  10. Hack any Communication Facilities or exploit any bugs in same.

(collectively, “Rules of Conduct”).

HGF reserves the right to discipline any user of the Site in any manner it sees fit for a violation of the Rules of Conduct. The above Rules of Conduct are not meant to be exhaustive, and HGF reserves the right to modify the Rules of Conduct at any time. Additional rules in connection with the Communication Facilities may be posted within such facilities. HGF has no obligation to monitor the Communication Facilities but reserves the right to review materials posted to the Communication Facilities and to remove any materials at any time, without notice, and for any reason and in its sole discretion. In the event that you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. If you see material on the Site or in the Communications Facilities that you believe violates these Terms of Use or the Rules of Conduct, please report it to us. Please note, however, that reporting the material will not necessarily mean that it will be removed from the Site or Communications Facilities.

Statements made by users in the Communication Facilities reflect only the view of their authors, and HGF specifically disclaims any liability with regard to the Communication Facilities and any actions resulting from your participation in the Communication Facilities. HGF is not responsible for information that you choose to communicate to other users via the Communication Facilities, or for the actions of other users. Any information you share, including without limitation any discussions with other users, in any Communication Facilities or other online community area is by design open to the public and is not private.

5. Submissions

You may be provided with the opportunity to create and submit comments, feedback, blog or forum posts, suggestions, reviews, and other submissions and information through the Service or the Site (collectively, “Submissions”). Submissions must not: (A) infringe any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity; (B) contain any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; (C) violate any law or regulation; or (D) violate these Terms of Use or the Rules of Conduct.

All right, title, and interest, including copyright, in and to your Submissions shall be owned by you, and you hereby irrevocably grant to HGF a sub-licensable, free, unlimited, worldwide, non-exclusive, and perpetual license to use, modify, copy, distribute, publicly perform and display, adapt, sell, create derivative versions of, and otherwise exploit the Submissions in any and all forms and media now known or hereafter devised, in any manner HGF desires, including without limitation promotional and marketing purposes. HGF has no obligation to monitor Submissions, but reserves the right to review Submissions, and to remove any materials at any time, without notice, and for any reason and in its sole discretion. Submissions reflect only the view of its author(s) and HGF specifically disclaims any liability with regard to Submissions.

6. Intellectual Property

  1. All right, title and interest, including copyright, in the Service, and the Content are owned by HGF, or its licensors or other respective owners. All rights reserved.
  2. PJ OUR WAY, PJ LIBRARY, and certain related names and logos are registered and/or unregistered trademarks, service marks and/or trade names of HGF. This and all other trademarks, service marks, and trade names (the “Marks”) are proprietary rights owned by HGF or other respective owners that have granted HGF the right and license to use such Marks.
  3. If you are a copyright owner or an agent thereof and believe that any content or other material on the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, at the address below, with the following information in writing (see 17 U.S.C. §512(c) for further detail):
  4. A physical or electronic signature of the owner of the right that is allegedly infringed, or a person authorized to act on their behalf;
  5. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
  6. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service, e.g., a web address(es) (URL(s)) that will directly lead to the material;
  7. Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
  8. A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  9. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

The Harold Grinspoon Foundation
67 Hunt Street, Suite 100
Agawam, MA 01001
Attention: Alex Zablotsky
Telephone: 413-276-0744
Fax: 413-276-0805
E-mail: alex@hgf.org

Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.

7. Consent to Monitor

When you are participating in the Service, HGF may obtain certain identification information about your computer and its operating system, including without limitation your hard drives, central processing unit, Internet Protocol address(es) and operating system(s), for purposes of improving the Service, and to monitor and enforce the provisions of these Terms of Use. By using the Service and the Site, you hereby consent to such activities.

8. Disclaimer

THE SITE AND SERVICE ARE PROVIDED BY HGF ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HGF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, HGF MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (A) AS TO THE OPERATION OF THE SITE AND/OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (B) THAT THE SITE AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (C) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE AND/OR SERVICE; OR (D) THAT THE SITE AND/OR SERVICE, MATERIALS DOWNLOADED FROM THE SITE AND/OR SERVICE, HGF SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF HGF, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability

IN NO EVENT SHALL HGF BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HGF HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE SITE AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

Your use of the Site and the Service constitutes your agreement to defend, indemnify, and hold harmless HGF, and its owners, trustees, employees, contractors, officers, directors, licensees (excluding you), sublicensees, successors and assigns (collectively, the “HGF Parties”) from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of: (A) your breach of any of these Terms of Use; (B) your use or misuse of the Service; (C) Submissions provided by you; (D) your participation in any Event (as defined below); or (E) the use or misuse of the Service by a third party using your Account.

11. Events

The Site and/or Service may contain information or content relating to events, venues, and other activities (collectively, “Events”). You acknowledge and agree that HGF makes no representation or warranty of whatsoever kind with respect to such Events or any information or materials relating to such Events. Under no circumstances shall the HGF Parties be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of, participation in or reliance on said Events or materials or information relating to such Events. You hereby waive and release the HGF Parties from any and all claims relating to such Events and any information or materials relating to such Events.

12. No Endorsement

HGF operates the Service as an engagement program in which program participants receive books and are able to provide feedback. HGF partners with other organizations to provide the Service. While HGF tries to provide quality books and services, it cannot make any claims, promises or guarantees about the quality or contents of the books. HGF does not endorse any third-party organization or program or any product, service, opinion, or other information that may be referenced on or through the Service.

13. External Sites

The Site and/or Service may contain links to other sites on the Internet, or you may be able to access the Site and/or Service from other sites on the Internet, that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that HGF does not review or evaluate all of the External Sites and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content on these External Sites, nor is it responsible for the advertising, products, or other materials that appear on or are offered by such websites. You should carefully review the respective terms of use and privacy policies of each of these External Sites. Under no circumstances shall HGF be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods, or services available on such External Sites.

14. Electronic Communications

When you visit the Site, use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or on the Communication Facilities. 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.

15. Equitable Remedies

You agree that HGF would be irreparably damaged if the terms of these Terms of Use were not specifically enforced, and therefore you agree that HGF shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies HGF may otherwise have available to it under applicable laws. This section shall survive any termination of your Account(s), the Service, or these Terms of Use.

16. Severance

If any of these Terms of Use are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Use and the remaining Terms of Use shall survive, remain in full force and effect, and continue to be binding and enforceable.

17. Waiver; Binding Agreement

HGF’s failure to enforce any term of these Terms of Use at any time shall in no way be construed to be a present or future waiver of such term. These Terms of Use constitute a binding legal agreement between you and HGF, and shall be binding upon your successors, administrators, executors, heirs and assigns.

18. Governing Law/Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. You agree to submit to the personal jurisdiction of the courts of the Commonwealth of Massachusetts and the United States of America located in Hampshire County and Hampden County, Massachusetts, for any cause of action arising out of or relating to these Terms of Use, and hereby waive any right to participate in any type of law suit brought and/or maintained as a class action or similar in nature to a class action.

19. Modification of Terms of Use

HGF shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of any such changes on the Site. Please review these Terms of Use regularly to ensure you are aware of any changes made by HGF. Your continued use of the Site after changes are posted means you agree to be legally bound by these Terms of Use as updated and amended.

20. Contacting Us

If you have questions about these Terms of Use, the information practices of HGF, or your dealings with HGF, please contact us at: info@pjourway.org

Date Last Modified: July 10, 2018