These terms of use (“Terms of Use”) and incorporated policies and notices are a binding agreement between Long Island Prevention and Resilience Enrichment Program (P.R.E.P.) Inc., (collectively “LONG ISLAND P.R.E.P.”, “Us” “Our” or “We” ) and “Users” (“You”, “Your”) governing the use of Our Website located at , and any related applications, services or products that We offer.
DEFINITIONS:
The following terms shall have the meanings set forth below throughout these
Terms of Use and incorporated policies and notices, unless it is expressly
stated
to the contrary:
Long Island
P.R.E.P. means Long Island Prevention and Resilience Enrichment Program,
Inc. and its subsidiaries, affiliates, directors, officers, divisions, agents,
employees, licensors and representatives;
Website means Long Island P.R.E.P.’s website located at <LIPREP.ORG>
and any related website, application, webpage, widget, interactive feature, blog,
social network, social network tabs or other online, mobile or wireless offerings
that post a link to these Terms of Use no matter how they are accessed;
Services means any service, materials, programs, resources, or curricula
that are made available or accessed through or in connection with the Website;
Products means any physical, electronic, or virtual product that are offered
through or in connection with the Website;
Program means LONG ISLAND P.R.E.P.’s multi-disciplinary approach to help
Schools, Students and their allies address substance abuse by students which is made
available through the Website, Services and Product to subscribing Schools;
School shall mean a school, school district or related organization that is
a User of the Website, Services or Products as a result of the School’s subscription
for the Services or Products relating to the Website, and payment of fees;
School Administrator shall mean a User designated by a School to
administrator the School’s use of the Website, Services or Products, such as to
interact with Long Island P.R.E.P., designate School Team Members, select Students,
and supervise
Members’ access and use of the Website, Services and Products;
School Team Member shall mean the School and any User that is a School
Administrator, employee, teacher, guidance counselor, coach, or other
individual that the School or School Administrator may designate to interact with or
administer access and use of the Website, Services and Products on the School’s
behalf.
We may sometimes refer to the School Team Members and Schools collectively as the
“School
Team” ;
Student shall mean a User, enrolled in a School, grades Kindergarten through
twelfth grade, that the School may assign or permit to access and use some or all of
the Website, Services or Products that the School has subscribed to receive;
Student Team Member shall mean a User, that is a Student, or Student’s
parent, guardian, mentor, or other individual, that the School may assign or permit
to access and use the Website, Services or Products that the School has subscribed
to
receive. We may sometimes refer to Student Team Members collectively as the
“Student
Team” ;
Team Member shall mean any User that is a Student Team Member or School Team
Member;
User shall mean any individual that accesses or uses the Website, Services
or Products;
User Account shall mean the account created by certain Users as a condition
of, and a means to access or use the Website, Services or Products that the School
has subscribed to receive;
Incorporated Notices shall mean the additional policies and terms that apply
to Users including:
-
Additional School Terms
-
Additional Terms for Student Teams
-
Privacy Notice
-
Copyright and Intellectual Property
Notice
-
Accessibility Statement
ACCEPTANCE
OF TERMS OF USE
By visiting, using, browsing, posting, offering content to the Website, accessing,
or using the Services or Products, or “clicking” the accept/agree button, You accept
and agree to be bound by, without limitations or qualifications, these Terms of Use
and Incorporated Notices.
These
Terms
of Use ,
Privacy
Notice, Copyright and
Intellectual Property Notice and
Accessibility Statement
apply to all Users and all Users must agree to be bound by their Terms
.
Additionally, Schools and School Team Members must agree to be bound by the terms
set forth in the incorporated
Additional Terms
for Schools Teams
to access and use the Website, Services and Products
available to them.
Similarly, Student Team Members must agree to be bound by the terms set forth in the
incorporated
Additional Terms for Student Teams
to access and use the portions of the Website, Services
and Products available to them.
Please read All terms that apply to
You before proceeding to access and use the Website or Services.
IF
YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR INCORPORATED
NOTICES, PLEASE DO NOT VISIT THE WEBSITE OR USE ANY LONG ISLAND
P.R.E.P SERVICES or PRODUCTS
LONG ISLAND P.R.E.P.’s Website,
Services and Products
The Website is owned and operated by LONG ISLAND P.R.E.P., a New York corporation
headquartered in Babylon, New York. LONG ISLAND P.R.E.P.’s Website, Services and
Products are intended to help School Teams identify and assist Students with
substance abuse
problems or who are at risk of developing addiction in the future by providing
information, resources, and plans for intervention and to aid in understanding and
address student recovery. Long Island P.R.E.P.’s Services and Products include a
multi-disciplinary
approach, or Program, some or all of which may be made available to You by the
Student’s School. Depending on what type of User You are and the School’s selection,
You may have access to and/or interaction with a variety of Our Programs and
resources,
such as:
“
Recurring Individual Communicative
Addiction Prevention Plan” (R.I.C.A.P.P) . which enables Team Members to
collaborate to create individualized, intervention and communication plans for
individual Students;
“
Knowledge is Power” which provides teachers, parents, and professionals in
the community with professional development and information seminars regarding the
many facets of substance abuse, addiction, and prevention; and
“
Prep for Life” which includes curriculum, information, and materials for
students in kindergarten through twelfth grade regarding substance abuse and
addiction prevention education.
Some or all of these Services and Products, as well as others that may be offered in
the future, may be made available by the School to a Student and the Student Team
depending on the School’s determination of individual need and potential benefit in
the form of an
“Individualized Drug Intervention Plan.”
ACCESS TO THE WEBSITE, SERVICES and
PRODUCTS
Portions of the Website are generally publicly available and may be accessed by You
or any Internet user.
There are other sections of the Website that offer additional functionality and
access to Services and Products, such as sections that offer the School and School
Team Members the opportunity to subscribe and administer Program and provide
Services and
Products, or for Student Team Members to receive Services or Products chosen for
them by the School Team or to access the individual Student’s information and
history concerning the Services and Products that they have received and their
Program.
These sections of the Website, Services and Products will only be available to You
when Your School enters a binding agreement with Us and pays the requisite
subscription fee, and then provides You with access to the appropriate portions of
Website,
Services or Products. Whether and to what extent Team Members will have access to
the Website, Services and Products is exclusively in the control of the School,
unless We are forced to cancel Your access due to Your breach of these Terms and
Notices.
Once assigned by the School, You will need to create and log in using the
appropriate “User Account” with LONG ISLAND P.R.E.P. Depending on the access
provided to You by the School as a School Team Member or Student Team Member, You
may, under certain
circumstances be able to access additional Website resources, receive Services or
Products, review User records, interact with other Users, or post User content as
discussed below.
NO MEDICAL SERVICES OR ADVICE
THE PROGRAM(S) PROVIDED THROUGH THE WEBSITE, SERVICES AND PRODUCTS ARE NOT MEDICAL
ADVICE AND DO NOT SUBSTITUTE FOR MEDICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS OR
TREATMENT.
The Website, Services and Products are designed to assist Users, such as Schools,
School Team Members, and Student Team Members, to identify and address Student
substance abuse or risk. However, substance abuse and addiction may involve medical,
physical,
and mental health issues, that require the input and intervention of qualified
medical practitioners.
The Website, Services and Products are not intended to provide specific physical or
mental health diagnosis, treatment, or advice to any individual and You may not rely
on it for that purpose. The Website, Services and Products do not contain all
information
that may be relevant to substance abuse. The Program and tools provided by the
Website, Services and Products may not be appropriate or effective in every case or
for every Student.
Each Student is a unique individual. We urge You to seek the advice of Your health
care practitioner, to determine whether any specific product, regimen, practice, or
protocol is right for You or Your Student or whether further or additional
behavioral,
medical, or therapeutic interventions are needed. Please always consult with Your
qualified health care practitioner regarding any specific questions you may have
regarding any medical, physical, or mental health condition, treatment, care, or
diagnosis.
Please do not delay or disregard medical advice provided by Your health care
practitioner based on anything found on the Website or Services and Products.
DISCLAIMER OF WARRANTIES
You agree that Your access to the Website and Your use of the Services or Products
and any aspect of the Program are solely at your own risk. The Website, Services and
Products are provided by LONG ISLAND P.R.E.P. on an “as is” and “as available”
basis.
Except as may be otherwise noted in these terms, Long Island P.R.E.P. expressly
disclaims all warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, fitness for a special or
particular purpose, and non-infringement of intellectual property rights. Long
Island P.R.E.P. does not make any warranty that access to or use of the website, or
the services or products offered in connection therewith, will meet your
requirements or your expectations. Long Island P.R.E.P. does not make any warranty
that access to or use of the website or services or products will be available
uninterrupted, timely, secure, or error free. Long Island P.R.E.P. makes no warranty
as to the results that may be obtained from using the website, or services or
products provided in connection therewith. No advice or information, whether oral or
written, obtained by you from Long Island P.R.E.P. shall create any warranty not
expressly made herein.
To the extent that certain jurisdictions do not allow the exclusion of certain
warranties, some of the above exclusions may not apply. It is agreed that the
disclaimers and exclusions shall apply to fullest extent permitted by law.
LIMITATION OF LIABILITY
Under no circumstances shall Long Island P.R.E.P. be liable for your use or misuse
of the website or services or products provided in connection therewith. Such
limitation of liability shall apply to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary and punitive damages, whether such
claim is based on warranty, contract, tort (including negligence) or otherwise (even
if Long Island P.R.E.P. has been advised of the possibility of such damages). Such
limitation of liability shall apply whether the damages arise from use or misuse of
the website or services or products provided in connection therewith, including
damages that might be incurred by third parties. Such limitation shall apply
notwithstanding a failure of essential purpose of any limited remedy and to the
fullest extent permitted by law.
Under no circumstances shall island p.r.e.p. be liable for any alleged injury,
damages or loss that is allegedly sustained due to hacking, theft, tampering or
other authorized access to your account or the information contained in that account
or in regard
to your receipt of services or products.
EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall Long Island
P.R.E.P. be liable for any special, incidental, punitive, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits or
confidential or other information, for business interruption, for prospective
business advantage, for personal injury, for loss of privacy, for failure to meet
any duty including of good faith or of reasonable care, for negligence, and for any
other
pecuniary or other loss whatsoever) arising out of, in connection with or in any way
related to the use or misuse of, unavailability of or inability to use the website
or services or products or in connection with any provision of this agreement,
even in the event of the fault, tort, including negligence, misrepresentation,
strict liability, breach of contract or breach of warranty of Long I sland
P.R.E.P., (except arising exclusively from Long Island P.R.E.P.’s intentional
conduct or gross
negligence) and even if Long Island P.R.E.P. has been advised of the possibility
of such damages.
EXCLUSIVE REMEDY
It is agreed that, notwithstanding the foregoing, should any liability on the part
of Long Island P.R.E.P. be proven, it will nevertheless be impractical and
extremely difficult to anticipate or fix the amount of damages that were proximately
caused
by such liability. Therefore, it is agreed that in no event may the user recover an
amount in excess of the aggregate amounts paid to Long Island P.R.E.P. by you in
the six months immediately proceeding the event giving rise to the claim or $150
in the event that no fees were paid, which ever is greater, in full and complete
satisfaction of any and all claims. It is agreed that the foregoing limitation is
not intended to be and is not a penalty.
OWNERSHIP OF WEBSITE AND ITS CONTENT
The Website is owned and operated by LONG ISLAND P.R.E.P. All of the information and
content featured or displayed on the Website, including but not limited to keywords,
specialty tags, text, illustrations, artwork, video, music, trademarks, logos,
charts,
graphs, illustrations, or articles are owned by or licensed to Long Island P.R.E.P.
or its affiliates, business partners, or licensors. Long Island P.R.E.P. reserves
the right to amend, change, alter, enhance, remove, or cease to provide access to
the Website or its content at any time, without prior notice to any user.
STUDENT DATA
Student Data is personally identifiable information maintained in education records
that permit an individual Student to be identified and which may be subject to
certain protections under the Family Educational Rights and Privacy Act Regulations
(34
CFR § 99.3) (“FERPA”). While We may need to collect, access or process “Student
Data”, in order to provide access to the Website and to Services or Products, Your
School continues to own the Student Data, and remains responsible for its use and
dissemination.
For additional information about Student Data please see our
Privacy Notice,
Additional Terms for Student Teams and
Additional Terms
for School Teams .
LONG ISLAND P.R.E.P.’S INTELLECTUAL
PROPERTY
Except for Student Data, LONG ISLAND P.R.E.P. owns any and all intellectual property
rights arising out of, related to, or in any way connected with “R.I.C.A.P.P”,
“Knowledge is Power”, “Prep for Life” and the LONG ISLAND P.R.E.P.’s Services and
Products,
all contents, materials, resources or curricula related thereto, the Website’s
and/or Service’s and/or Product’s content, logos, slogans, service marks or
trademarks, etc. (“LONG ISLAND P.R.E.P Intellectual Property”). You cannot use the
LONG ISLAND
P.R.E.P Intellectual Property without first obtaining Long Island P.R.E.P.’s express
and specific written permission. Nothing on the Website shall be construed as
granting a license or right to use the LONG ISLAND P.R.E.P Intellectual Property
without Our permission.
USER COMMUNICATIONS TO LONG ISLAND
P.R.E.P.
Unless otherwise protected by United States law, including FERPA, all communications
sent by You to Us will be treated as non-confidential and non-proprietary. Please do
not submit confidential or proprietary information to Us (including, but not limited
to, any patentable ideas, new content suggestions or business proposals) unless We
have mutually agreed otherwise in writing and in advance of You sending them. Any
ideas, new content, or business proposals that We receive unsolicited will be
treated
as property owned by LONG ISLAND P.R.E.P. and will not be returned to You.
THIRD-PARTY LINKS
The Website may contain links to third-party websites. Third-party links are
provided for Your convenience and as a courtesy to You. Third-party websites are not
owned, operated, or controlled by LONG ISLAND P.R.E.P. You agree that LONG ISLAND
P.R.E.P.
is not responsible for the content or functionality contained on any such
third-party website and that You waive any and all claims against LONG ISLAND
P.R.E.P. as to any loss incurred as the result of Your access or use of such
third-party website.
USER ACCOUNTS AND PASSWORD
You are required to establish Your User Account in order to access certain portions
of the Website, receive or administrate Services or Products, make use of certain
Website functionality, offer User Content, receive the benefit of any programs, or
access
resources, User records, etc. To do so, after Your School assigns access appropriate
to Your role, as a School Team Member or Student Team Member, You will be required
to create a User Account by providing Your email address and creating a unique
password to be used with Your email address to access Your User Account. You may
also be required to provide additional information about Yourself to enable the
Services or Products and other functions appropriate to Your role. You are
responsible
for maintaining the confidentiality of Your User Account information, (including
Your unique Password) and for all activity that occurs under Your User Account. We
will assume that anyone who uses Your User Account is You and will therefore have
all
the same rights and privileges that You have. You will be responsible for any posts,
or any other activity that occurs using User Account.
Remember, You are in the best
position to protect Your User Account
.
Do not share Your Password or allow anyone else to use it. You agree to notify LONG
ISLAND P.R.E.P. immediately upon learning of any unauthorized use of Your User
Account, or Password or any other breach of Website security. However, You may be
held liable
for losses incurred by LONG ISLAND P.R.E.P. or any other User of or visitor to the
Website due to another person using Your User Account or Password.
You may not use anyone else’s User Account or Password at any time without the
express permission and consent of the holder of that account or password. You may
not use another’s User name, at any time, with or without the consent of the User,
so as to
give the impression, express or implied, that You are that User. LONG ISLAND
P.R.E.P. cannot and will not be liable for any loss or damage arising from Your
failure to comply with these obligations.
WEBSITE SECURITY
a. Consent.
Security of data, software and hardware connected to the Internet are matters of
concern for Long Island P.R.E.P.
and all
Users. We limit Our collection of Your personal information,
personally identifiable information, and other sensitive information,
including Student Data, to only such information that is deemed
necessary to provide You, Your School and Your Team Members with
access to the Website functions, and the Services and Products
offered by LONG ISLAND P.R.E.P., or to improve Your and other Users’
experience. We take reasonable precautions to collect personal
information in a secure manner and transmit it via a secure internet
channel. By using the Website and related Services or Products, You
consent to the collection, use and disclosure of Your information,
including Student Data, as set forth in the incorporated
Privacy
Notice
,
Additional
Terms for Student Teams
and/or
Additional
Terms for School Terms
,
as appropriate
.
b. User Website Security
Unfortunately, no
security measures are perfect or impenetrable, and LONG ISLAND
P.R.E.P. cannot guarantee that the information submitted to,
maintained on, or transmitted from its systems will be completely
secure. LONG ISLAND P.R.E.P. is not responsible for the circumvention
of any privacy settings or security measures contained on the Website
by any Users or third parties. For further information, please see
Our
Privacy
Notice
.
You are prohibited from violating or attempting to violate the security of the
Website or any Service or Product by (a) accessing information not intended for such
or logging onto a server or an account which You are not authorized to access; (b)
attempting
to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c) attempting to
interfere with service to any User, provider, host or network, including but not
limited
to, submitting any malware, virus to the Website. overloading, “flooding,”
“spamming,” “mail
‑ bombing” or “crashing” or other malicious
or illegal act of any description. You shall not use any device, software,
script or routine to interfere or attempt to interfere with the proper working
of Website or any activity being conducted
on the Website. You shall not use or attempt to use any engine, software, tool,
agent or other device or mechanism (including without limitation browsers,
spiders, robots, avatars or intelligent agents) to navigate or search the
Website, other
than through generally-available third-party web browsers (for example,
Microsoft Edge, Firefox, Google Chrome, etc.)
LONG ISLAND P.R.E.P. reserves the right to investigate and take such action as it
deems necessary regarding any activity that it suspects is intended to violate the
security of the Website, Services and Products. If, at LONG ISLAND P.R.E.P.’s sole
discretion,
it appears that You have violated the Terms of Use or acted in any way that
interferes or is intended to interfere with the functioning of the Website, Service
or Product, or another’s lawful access and use thereof, LONG ISLAND P.R.E.P. may
take any
action it deems appropriate to prevent further interference, including but not
limited to immediate suspension and/or cancellation of Your access thereto. You may
be civilly or criminally liable for such violations. LONG ISLAND P.R.E.P. will
cooperate
with law enforcement authorities in prosecuting any individual or entity involved in
such violations.
YOUR LICENSE TO ACCESS AND USE THE
WEBSITE AND SERVICES AND PRODUCTS
Subject to Your acceptance of, and compliance with these Terms of Use and
Incorporated Notices, as may be periodically amended, LONG ISLAND P.R.E.P. hereby
grants You a non-exclusive, non-transferable limited license to access and make
personal non-commercial
use of the Website, the Services and Products and their contents only to the extent
necessary for Your role as a Student Team Member or School Team Member. This license
does
not entitle You to any resale or commercial use of the Website, the Services
or Products, or their contents; any derivative use of this Website, Services or
Products or their contents; any downloading or copying of account information for
the
benefit of any person other than to provide Services and Products as a School Team
Member and then, only for that purpose; or any use of data mining, robots or similar
data gathering and extraction tools, which are expressly forbidden for any purpose
whatsoever. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create, derivative works from, transfer, or offer for sale any information
contained on, or obtained from Website, the Services or Products or any portion
thereof. LONG ISLAND P.R.E.P. will investigate and take appropriate legal action,
including civil and criminal redress, for any misuse and fraudulent activity on the
Website.
CONTENT CONTRIBUTED BY YOU OR OTHER
USERS
From time to time, LONG ISLAND P.R.E.P may provide opportunities for You to
communicate with others through the Website, Services or Products, such as through
blogs, chat rooms, postings, emails, etc. (“User Content”) LONG ISLAND P.R.E.P.
reserves the
right to accept, reject, or remove any and all User Content at its sole discretion
and for any reason. You understand and agree that Long Island P.R.E.P.’s exclusive
role in connection with User Content is solely as an Internet Service Provider and
that LONG ISLAND P.R.E.P. is not and will not be liable for any User Content or any
Website content that is authored or submitted by anyone other than LONG ISLAND
P.R.E.P.
You understand and agree that by submitting User Content, You are consenting to its
public dissemination. As a condition of Your submission of User Content to the
Website, You hereby warrant, promise, and agree that:
You have registered with LONG ISLAND P.R.E.P. after providing complete and
accurate personal and contact information as required for registration of a User
Account and that the information You have provided is up to date and accurate
when You submit User
Content for consideration;
You own or have all necessary licenses, rights, consents, and permissions to use
and to authorize LONG ISLAND P.R.E.P. to use Your User Content, including, but
not limited to, any necessary patent, trademark, trade secret, copyright or
other intellectual
property or other proprietary rights in the User Content;
You have the written consent, release, and/or permission of each identifiable
individual person in the User Content to use and to authorize LONG ISLAND
P.R.E.P. to use the name or likeness of each such identifiable individual person
in the User Content;
By submitting the User Content to LONG ISLAND P.R.E.P. You agree to be bound by
all terms set forth in these Terms of Use and Incorporated Notices;
You have the right to, and hereby, assign to LONG ISLAND P.R.E.P. a limited,
worldwide, non-exclusive, royalty-free, sub-licensable and transferable license
to use, reproduce, distribute, prepare derivative works of, display, and perform
Your User Content
in any media formats and through any media channels in connection with Long
Island P.R.E.P.’s Website, Services or Products;
You hereby agree to indemnify and hold harmless LONG ISLAND P.R.E.P. from any
and all claims of whatever nature that may arise from, in connection with, or be
related to, Your User Content, including, but not limited to, any claim that You
made an impermissible
use of the User Content, did not have the necessary licenses, permissions or
releases for Your User Content or lacked the requisite authority to grant LONG
ISLAND P.R.E.P. permission or license as to the use of Your User Content as
provided for
above.
USER WARRANTIES
As a User, You agree that You will
not , under any circumstances, use the Website or any related Services
or Products provided by LONG ISLAND P.R.E.P. to do the following:
(i) You will
not make available any material that is protected by another’s
copyright, trademark, trade secret, or other intellectual property right, or is
otherwise subject to third-party proprietary, privacy or publicity rights, unless
You are
the owner of such rights or have permission from their rightful owner to post the
material and to grant LONG ISLAND P.R.E.P. all required license rights. For further
information see LONG ISLAND P.R.E.P.’S COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE
.
(ii) You will
not make available any material that is false, misleading, harmful,
abusive, tortious, vulgar, unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or sexually or ethnically offensive, or
that
encourages conduct that would be considered a criminal offense, gives rise to civil
liability, violates any law, or is otherwise inappropriate;
(iii) You will
not cause harm, of any type, to minors;
(iv) You will
not submit materials or post links to advertisements or solicitations
of business without Long Island P.R.E.P.’s prior express and written permission;
(v) You will
not intentionally or unintentionally violate or aid others in the
violation of any applicable local, state, national or international law or
regulation;
(vi) You will
not enable or assist in the transmission of “junk mail,” “chain
letters,” “pyramid schemes,” unsolicited mass mailings, instant messaging,
“spimming,” or “spamming” or any other form of improper or illegal solicitation now
known or that
may be developed in the future;
(vii) You will
not “stalk” or otherwise harass another person or assist another in
doing so;
(viii) You will
not access the Website, Services or Products in order to collect or
store private or personally identifying information about others for unlawful or
inappropriate purposes or for any purpose other than those for which private or
personally
identifying information was provided by the School or Team Member to which it
relates;
(ix) You will
not misrepresent or assist others in misrepresenting the origin of any
Website content provided by LONG ISLAND P.R.E.P. or another User;
(x) You will
not impersonate any person or entity, including, but not limited to,
LONG ISLAND P.R.E.P.’s officials, employees, consultants, or otherwise misrepresent
Your affiliation with any person or entity;
(xi) You will
not make available any material that You are prohibited from
disclosing because of Your contractual or fiduciary relationship with another
individual or entity or as a matter of law or regulation;
(xii) You will
not make available or distribute any materials, computer code or
“malware” that facilitates hacking, or that is intended to interfere with or destroy
the functionality of any website, computer software, hardware or telecommunications
equipment or to interfere with the performance or functionality of this Website or
any other website, including, but not limited to, ransomware, software viruses,
worms, Trojan horses, time bombs, trap doors or any other computer code, files or
programs
or repetitive requests for information, any other form of improper or illegal
malware now known or that may be developed in the future.
(xiii) You will
not download data from any LONG ISLAND P.R.E.P.’S Website, database or
platform through automated means, including spiders, robots, crawlers or other
automated means now known or that may be developed in the future;
(xiv) You will
not harvest, modify, publish, transmit, transfer, sell, reproduce,
create derivative works from, distribute, perform, link, display or in any way
exploit any Website content of any description;
(xv) You will
not sell, distribute, or make any use of, commercial or otherwise,
information, content or data obtained from LONG ISLAND P.R.E.P. in a manner which
could be expected to offend the person for whom it is relevant;
(xvi) You will
not create and maintain a LONG ISLAND P.R.E.P. user profile that
contains hyperlinks to content not permitted on the Website;
(xvii) You will
not disrupt the normal flow of dialogue in a chat room, cause a screen
to “scroll” faster than other users of the Website are able to type, or otherwise
act in a manner that negatively affects other Users’ ability to engage in real time
exchanges;
(xviii) You will
not interfere with or disrupt the Website or the servers, or networks
connected to the Website, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website;
(iv) You will
not access the Website, Services or Products after Your access has
been terminated by LONG ISLAND P.R.E.P. or a School Administrator for any reason;
and
(xx) You will
not make available any materials, or act in any manner that is
offensive to the LONG ISLAND P.R.E.P. community or the spirit of these Terms of Use.
You acknowledge and agree that LONG ISLAND P.R.E.P. may, but is not required to,
monitor Your conduct in connection with the Website, Services and Products. You
agree that LONG ISLAND P.R.E.P. may remove any materials submitted by You, including
but not
limited to Your User Content, restrict and block Your access to the Website and/or
terminate any or all other agreements between You and LONG ISLAND P.R.E.P. if LONG
ISLAND P.R.E.P., in its sole discretion, determines that you have taken actions in
violation of these Terms of Use and/or any other agreement between You and Long
Island P.R.E.P. You understand that in the event of termination for any cause, You
will not be entitled to a refund of fees, if any, paid by You to LONG ISLAND
P.R.E.P.
and will be required to make all payments that remain outstanding at the time of the
termination.
You understand and agree that LONG ISLAND P.R.E.P. may, to the fullest extent
permitted by law, access, preserve and disclose Your identifying information in its
possession, including, if applicable, email address, Password and/or User Account
information,
if LONG ISLAND P.R.E.P. determines that it is necessary to do so in order to comply
with apparently valid legal proceedings, to process a good faith complaint by a
third-party that You have violated these Terms of Use, or to protect the legal
rights,
property or personal safety of LONG ISLAND P.R.E.P. its Users and the public at
large.
YOUR INDEMNIFICATION OF LONG ISLAND
P.R.E.P
You understand and agree that You will indemnify, defend and hold harmless LONG
ISLAND P.R.E.P. from any and all liability, expense, cost fine, settlement or
judgement, including without limitation, reasonable attorneys’ fees and legal
expenses incurred
alleged to be connected with, arising out of or in any way related to Your User
Content, Your use of the Website, Services or Products, or Your breach of the User’s
Warranties or other any other provision of these Terms of Use and/or Incorporated
Notices.
CHANGES TO TERMS OF USE
LONG ISLAND P.R.E.P. reserves the right to update, change, modify, add, delete,
revise, or replace any part of these Terms of Use or any Incorporated Notices at any
time. In such event, LONG ISLAND P.R.E.P. shall provide notice to each School’s
designated
School Administrator 30 days prior to the change becoming effective. Such changes
are effective, and You agree to be bound by such changes, when You “click” the
Accept
button upon accessing or using the Website or Services or Products
through the Website, when You submit User Content, or 30 days from the date that the
Schools are provided with notice and the changes are posted to the Website,
whichever
is earliest.
We recommend that You regularly check the Terms of Use when visiting the Website or
accessing Services or Products, as these Terms of Use may have changed since you
last did so.
GENERAL PROVISIONS
Relationship of the Parties .
You and LONG ISLAND P.R.E.P. are independent contractors. There is no
partnership, agency or joint venture relationship between You and Us.
Location of Negotiations and
Services .
You agree that the Website, the Services, Products, and the marketing, sale
or distribution of any and all Website and Services, Products, or contents,
materials, resources or curricula that are provided by LONG ISLAND P.R.E.P.,
including
the negotiation and agreement of these Terms of Use, Incorporated Terms, and any
other agreement between You and LONG ISLAND P.R.E.P., shall be deemed to have
occurred solely and exclusive within the County of Suffolk, the State of New
York, United
State of America.
Choice of Law .
You hereby agree that these Terms of Use, the Incorporated Terms, and any
other agreement between You and LONG ISLAND P.R.E.P. shall be exclusively
governed by and interpreted the laws of the State of New York, United States of
America,
regardless of where You, any of Long Island P.R.E.P.’s representatives or
agents, or Long Island P.R.E.P.’s servers may be located (except to the extent
that New York choice of law principles would require application of any other
law).
Jurisdiction and Forum . You hereby agree that any dispute that
arises under, is connected to or relates in any manner to, these Terms of Use,
the Incorporated Terms, the Website, Services, Products or contents, materials,
resources
or curricula provided by LONG ISLAND P.R.E.P. or any other agreement between You
and LONG ISLAND P.R.E.P. shall be subject to the sole and exclusive jurisdiction
of the Federal or State courts located in the State of New York, County of
Suffolk
and You hereby irrevocably consent to and submit to their jurisdiction to hear
and determine any such dispute.
International
Use.
Although this Website may be accessible worldwide, LONG ISLAND P.R.E.P.
makes no representation that the Website, Services and Products are appropriate
or available for use in locations outside the United States. Those who choose to
access
this Website from other locations, do so on their own initiative and at their
own risk. If You choose to access this Website from outside the United States,
you are responsible for compliance with local laws in your jurisdiction,
including, but
not limited to, the taxation of Products or Services purchased over the
Internet.
Void Where Prohibited. Any offer for any product, service, and/or
information made in connection with this Website is void where prohibited.
Use By Children.
We do not offer products or services for sale directly to children under
18. For those Students who are under 18 years of age, we require and rely on the
permission granted by the School and/or Student’s Parent or Legal Guardians
before
providing the Student with access to the Website and providing Services or
Products hereunder.
By using this Website and/or the Services, You are representing to Us that You are
18 years or older and/or Your School or Your Parent or Guardian have expressly
authorized Us to provide You with access to the Website, Services or Products. We
will not
be liable for any damages that may result from a misrepresentation of age by a user
of our website.
Force Majeure . In addition to any excuse provided by applicable
law, LONG ISLAND P.R.E.P. shall be excused from liability for non-delivery or
delay in access to the Website or delivery of Services or Products arising from
any event
beyond Our reasonable control, whether or not foreseeable by either party,
including, but not limited to, labor disturbance, interruptions in supply chain,
war, fire, accident, adverse weather, inability to secure transportation,
governmental
act or regulation, public health emergency, and other causes or events beyond
Our reasonable control, whether or not similar to those which are enumerated
hereinabove.
Specific Performance .
You acknowledge that a breach of these Terms of Use or other agreement
between You and LONG ISLAND P.R.E.P will cause irreparable injury and that money
damages may be inadequate to remedy the injury to LONG ISLAND P.R.E.P.
Therefore, in
the event of a breach or threatened breach, LONG ISLAND P.R.E.P. will be
entitled to equitable relief, including injunctive relief and specific
performance, without the posting of a bond or other security, and without proof
of actual damages.
No Third-Party Rights . Nothing in these Terms of Use creates any
right in any person not a party to the Terms of Use, and the Terms of Use shall
not be construed in any respect to be a contract in whole or in part for the
benefit
of any third person.
Severability of Provisions
. If any provision of the Terms of Use, Incorporated Notices or other
agreement between Us is determined to be invalid, illegal or unenforceable, the
remaining provisions will remain in full force and effect to the extent that
performance
of the remaining terms is not rendered impossible.
Waiver . Failure to exercise, or any delay in exercising, any
right or remedy provided under this or any agreement between You and LONG ISLAND
P.R.E.P. or by law shall not constitute a waiver of that or any other right
remedy, nor
shall it preclude or restrict any further exercise of that right or any other
remedy in the future against You or any other individual or entity.
Notices
. Notices by LONG ISLAND P.R.E.P. to You may be given by means of
electronic messages through Your School, by a general posting on the Website, by
conventional mail or email at the addresses that You provide in Your User
Account. It is
Your responsibility to ensure that LONG ISLAND P.R.E.P. continues to have
up-to-date contact information for You.
Notices by You to LONG ISLAND P.R.E.P. may be given by electronic messages,
conventional mail, or telephone unless otherwise specified in these Terms of Use or
any other agreement between You and LONG ISLAND P.R.E.P .
LONG ISLAND P.R.E.P.’s contact information as follows:
By US Mail
Long Island P.R.E.P
.
P.O Box 201
Babylon NY 11702
By Telephone:
(516) 322-1799
By Email: P.Vecchione@longislandprep.org
Binding Provisions . These Terms of Use and any expressly
incorporated documents or policies are binding and inure to the benefit of the
parties and their respective heirs, executors, administrators, personal and
legal representatives,
affiliates, successors, and permitted assigns.
Assignment
. You agree that You may not assign Your rights or obligations under the
Terms of Use or any agreement between You and LONG ISLAND P.R.E.P. without the
prior, written consent of LONG ISLAND P.R.E.P.
Headings . The descriptive headings of the sections and
subsections of the Terms of Use are for convenience only and do not affect the
interpretation or construction of the Terms of Use.
Complete Agreement. These Terms of Use, including the Incorporated
Notices constitute the entire agreement and understanding between the parties
concerning the subject matter hereof and supersede all prior agreements and
understandings
of the parties with respect thereto. To the extent that anything in or
associated with the Website, Services or Products is in conflict or inconsistent
with these Terms of Use, these Terms of Use shall take precedence.
Merger. All prior and contemporaneous negotiations and agreements
between You and LONG ISLAND P.R.E.P. concerning the Website and Products or
Services connected thereto are expressly merged into and superseded by these
Terms of Use and
may not be explained, supplemented, or qualified through evidence of trade usage
or a prior course of dealings. You warrant that You have not relied upon any
statement, representation, warranty, or agreement, except for those expressly
contained
in the Terms of Use.
Version __1.0__
Eff. Date __October 9, 2021_
ADDITIONAL SCHOOL TERMS
These
Additional
School Terms apply to all Schools that subscribe to the Website, Services or
Products, as well as all School Administrators, employees, teachers, guidance
counselors, and others that the School Administrator may designate as
School Team Members . All
School Team Members must agree to be bound by the terms set forth below and
in Our
Terms
of Use, Privacy Notice and
Incorporated Notices
in order to access and use the Website, Services or
Products.
All titles, names and phrases defined in the Terms of Use shall have the same
meaning when used herein, except that “School”, “You”, “Your” shall mean a School
and its employees, agents, representatives, or others acting on this School’s behalf
in connection
with its Subscription with LONG ISLAND P.R.E.P.
1
.
SUBSCRIPTION.
These Additional School Terms, when incorporated into and made part of an
Order
Form entered between the School and LONG ISLAND P.R.E.P. provide the
contract terms and promises by which the School agree to subscribe to LONG ISLAND
P.R.E.P.’s Website, Services and Products. The
Order
Form shall generally be in the form annexed hereto and shall set forth the
commercial terms for each School’s subscription
to LONG ISLAND P.R.E.P.’s Website, Services and Products, such as the
subscription
’ s scope, duration, services and fees, etc.
By entering the
Order
Form
and paying the fees due thereunder, the School agrees
to be bound by the terms set forth in these Additional School Terms, the Terms of
Use and Incorporated Notices, as if incorporated and fully set forth therein, and
to require that all Users agree to and abide by the same.
By subscribing for the Services, You authorize Us to access and use and receive
Student Data or other sensitive or proprietary information exclusively for the
purpose of providing access to the Website, or providing Services or Products, or as
otherwise
provided in Our Privacy Policy.
2.
SCHOOL
ADMINISTRATOR(S)
In order to access the Website and provide Services or Products to Students, You
must designate one or more
School Administrator(s) whose duties will include:
a) supervising access to the Website, Services or Products, and all materials and
programs, resources or curricula, as well as the School’s authorized use, collection
storage and deletion of
Student
Data in connection with the Website, Services or Products;
b) selection of School Team Members, such as teachers, guidance counselors or other
School staff, who will be directly engaged in the selection and provision of
Services or Products to the Students and Student Team Members;
c) assignment and maintenance of User Account credentials to School Team Members
commensurate with each individual’s role as a School Team Member, or for purposes of
providing technical support, or to meet reporting requirements;
d) securing the permission and consent of Student Team Members to access the
Website, participate in the Services, or receive the Products under the Terms
provided by the School and in the Terms of Use, Additional Terms for Student Teams,
and Incorporated
Notices;
e) assignment and maintenance of User Account credentials to permit Student Team
Members, to access and use those portions of the Website, Services, or Products,
commensurate with their role as a Student Team Member; and
f) primary contact for interaction with LONG ISLAND P.R.E.P.
The selection of Team Members to access and use Website, Services or Products,
(including the scope of each Team Member’s access) is exclusively in the discretion
of the School or its designated School Administrator, without any input from LONG
ISLAND
P.R.E.P. Nevertheless either the School or LONG ISLAND P.R.E.P. may revoke or deny
any Team Member’s access to or use of the Website, Services or Products if it is
determined that the Team Member has breached any of the provisions set forth in the
Terms of Use, the Additional School Terms, the Additional Terms for Student Teams,
or any Incorporated Notice.
3.
STUDENT
DATA AND APPLICABLE LAW
Some information that is accessed, collected and/or used in accessing the Website or
providing the Services or Products may constitute Student Data and be governed by
certain laws. The School and LONG ISLAND P.R.E.P. each agree to perform their
respective
duty and maintain Student Data in accordance with Family Educational Rights and
Privacy Act (“FERPA”) as it may apply to the Website, Services and Products. Access
to Student Data in connection with the Website, and Services and Products is
provided
under the school official exception of FERPA (34 CFR Part 99.31(a)(1).
Additionally, the Children’s Online Privacy and Protection Act (“COPPA”) may apply
to the Website, Services and Products. COPPA requires that online service providers
obtain clear and verifiable parental or guardian consent before collecting
information
from children under 13.
YOU REPRESENT AND WARRANT THAT YOUR
SCHOOL HAS THE AUTHORITY TO PROVIDE CONSENT ON BEHALF OF STUDENT
PARENTS OR GUARDIANS TO PERMIT LONG ISLAND P.R.E.P. TO COLLECT
INFORMATION FROM OR ABOUT STUDENTS AND STUDENT TEAM MEMBERS FOR THE
PURPOSE OF PROVIDING THE SERVICES AND ACCESS TO THE WEBSITE, SERVICES
AND PRODUCTS. YOU REPRESENT AND WARRANT THAT YOUR SCHOOL HAS PROVIDED
APPROPRIATE DISCLOSURE TO STUDENTS, THEIR PARENTS OR GUARDIANS, OR
OTHER STUDENT TEAM MEMBERS REGARDING THE WEBSITE, SERVICES, OR
PRODUCTS AND THE INFORMATION THAT WILL BE SHARED IN REGARD TO THEIR
ACCESS TO AND USE OF THE WEBSITE, SERVICES AND PRODUCTS. YOU
REPRESENT AND WARRANT THAT YOU HAVE PROVIDED A COPY OF OUR PRIVACY
POLICY TO THEM AS PART OF THAT DISCLOSURE.
4.
ACCESS
TO STUDENT DATA
The School owns all right, title and interest to all
Student Data and is solely responsible for all
Student
Data , whether provided to Us by the School, the Student or other Team
Member or some other source. Parents, guardians, and students may request their
Student Data from their School.
You authorize us to access and process
Student Data solely to provide the School or Team Members with access to the
Website, Services or Products or as otherwise needed in support thereof. LONG ISLAND
P.R.E.P. does not own, control, or license Student Data that You or Team Members
may use, except to the extent required to provide access to the Website or provide
the Services or Products.
Additionally, in order to provide the Services or Products to the Students that You
have selected to receive them, Student Team Members will be required to sign in
through their User Accounts, through which they may have access to Student Data. You
agree
that the School Administrator will only provide User Accounts to School Team Members
or Student Team Members who are authorized to access a student’s education records.
You agree that the School shall remain solely responsible for providing User
Accounts
only to those individual(s) who are authorized to access the Student’s educational
records, that permitted access will be only to the extent that it is needed or
legally permitted, and that You shall take such steps as appropriate to limit or
revoke
any person’s access to their User Account when it is warranted.
To the extent that a User Account contains personal information or data concerning
an adult School Team Member that they have provided, the adult School Team Member
shall own and control the data that they provided and be bound by the Additional
Terms
for School Teams.
Under certain circumstances, We may provide access to Student Data to third parties
who assist in maintaining the Website and/or providing the Services or Products.
When sharing the Student Data we do so only for the purpose of and to the extent
necessary
for the third parties to provide those services or products, require that the third
party limit their access and use of the data to only what is necessary and not for
any other purpose and prohibit the third party from redisclosing the Student Data
for any other purpose.
5
.
USE OF STUDENT DATA
By providing us with Student Data or other sensitive, confidential or proprietary
information, You represent and warrant that you have the rights necessary to, and
hereby grant, to Us a non-exclusive, royalty-free worldwide license during the term
of
Your Subscription or as legally necessary and permitted thereafter to use, transmit,
distribute, modify, reproduce, display, maintain and store the Student Data,
exclusively for the purposes of a) providing access to the Website and/or providing
the
Services or Products in regard thereto and b) enforcing Our rights under the
Subscription and/or the Terms of Use, the Order Form, Additional School Terms,
Additional Terms for Student Teams and Incorporated Notices.
Notwithstanding the foregoing, You understand and agree, that LONG ISLAND P.R.E.P.
may, at Our discretion, collect and use data derived from Student Data, including
data about Users’ access to the Website and use of the Services or Products, that
has
been anonymized, aggregated or otherwise deidentified to remove the ability to
identify a particular User or School. (“De-identified Data”) De-identified Data will
have all direct and indirect personal identifiers removed, such as, names, ID
numbers,
date of birth, demographic information, location information, and school ID, etc.
Furthermore, We will not attempt to re-identify De-identified Data and we will not
transfer De-identified Data to any party unless that party also agrees not to
attempt
reidentification. We may use De-identified Data to, among other things, a) analyze
and operate the Website, Services or Products; b) assess, evaluate and improve on
the Services, Products, the LONG ISLAND P.R.E.P. programs and their outcome; and c)
to market the Website, Services, Products and LONG ISLAND P.R.E.P. We reserve the
right to use the De-identified Data for any and all legal purposes during Your
Subscription or after Your Subscription has terminated.
6.
TERM
AND TERMINATION
The duration of Your Subscription shall be set forth in the Order Form and continue
until its expiration and any subsequent renewal so long as You have paid the
required fees and otherwise complied with Your obligations under the Order Form, the
Terms
of Use, these Additional School Terms, and the Incorporated Notices. Your
Subscription shall terminate at the earliest of its expiration date, or 30 days
after Your failure to perform and/or breach of Your obligations under the Order
Form, the Terms
of Use, the Additional School Terms, and/or any Incorporated Notice, or 30 days from
Your notice to us of Your decision to terminate access to the Website and Services.
All Subscription fees paid or required to be paid pursuant to the Order Form shall
be due and owing regardless of the reason that the Subscription is terminated.
It will be the exclusive responsibility of the School to provide notice to the Team
Members that the School has terminated its Subscription and the effective date that
the Team Member will no longer have access to the Website or receive the Services or
Products.
7. FOLLOWING TERMINATION
Upon written request from the School Administrator received by LONG ISLAND P.R.E.P. within 90 days of termination, LONG ISLAND P.R.E.P. may provide migration services regarding Student Data, at the School’s expense, at LONG ISLAND P.R.E.P.’s then prevailing rates for professional services, subject to a new, mutually agreed and fully executed Order Form. LONG ISLAND P.R.E.P. will not provide migration services unless and until the School’s account is paid in full. If migration services are requested by the School, Our obligations concerning access, use, and deletion of Student Data, as discussed in the next paragraph, shall not commence until the migration services are complete.
LONG ISLAND P.R.E.P. will continue to maintain Student Data for a period of 90 days following termination of Your Subscription or during performance of migration services, as requested by the School Administrator, whichever is longer. Within a commercially reasonable time thereafter, except as to De-Identified Data, LONG ISLAND P.R.E.P. shall cease accessing and using Student Data and shall delete Student Data provided to Us by the School except to the extent that (i) any Student Team Member requests that We maintain that Student’s Student Data for purposes of continued access to the Website or to receive to receive Services or Products as may be or become available to the Student; (ii) as needed for Our internal business practices; or (iii) We are otherwise required to maintain by operation of law.
8.
ADVERTISING
LONG ISLAND P.R.E.P. does not sell Student Data for any purpose and will not use it
to market to any User. Advertising or marketing may be directed to schools, but only
if student information is properly de-identified.
9.
SECURITY
LONG ISLAND P.R.E.P. will store and process Student Data in accordance with
reasonable standards in the industry, including appropriate administrative,
physical, and technical safeguards to secure Student Data from unauthorized access,
disclosure, and
use. We will conduct periodic risk assessments and remediate any identified security
vulnerabilities in a reasonably timely manner. We will also have a written incident
response plan, to include prompt notification to the School in the event of a
security or privacy incident, and our plan for responding to a privacy or data
breach. We will provide the School with a copy of Our incident response plan
annually upon written request.
10.
SCHOOL’S RESPONSIBILITY FOR
SCHOOL TEAM MEMBERS
Notwithstanding anything to the contrary, the School is responsible for any act,
error or omission by Your School Administrator(s) and other School Team Members,
including but not limited: (i) selection of Students and Student Team Members to
access the
Website and/or receive Services or Product; (ii) access, denial of access, or
excessive access to Student Data by Team Members; and (iii) any harm or damages
caused by a access to denial of access to Student Data, the Website, Services or
Products.
You agree to indemnify and hold harmless LONG ISLAND P.R.E.P. from any claimed act,
error, or omission by Your School Administrator or School Team Member that results
in any alleged claim of any description being asserted against LONG ISLAND P.R.E.P.
by any individual or entity.
11.
INTERPRETATION
These Additional School Terms and the incorporated Order Form are part of a a
binding Agreement between Us and You and is incorporated into and made part of the
Terms of Use, and Incorporated Notices. (collectively “Agreements”) In the event of
a conflict
in the terms contained in any of the Agreements, then the Agreements should be
interpreted in the following order of precedence: Order Form, Additional Terms for
School, Terms of Use and Incorporated Notices.
Version: 1.0
Eff. Date: October 9, 2021
COPYRIGHT AND INTELLECTUAL PROPERTY
NOTICE
This Copyright and Intellectual Property Notice is incorporated into the Terms of
Use
. All terms defined in the Terms of Use shall have the same
meaning when used herein unless otherwise noted.
It is the goal of LONG ISLAND P.R.E.P. to respect the copyright and intellectual
property rights of others by complying with U. S. intellectual property laws. This
Copyright and Intellectual Property Notice shall be governed by and interpreted
under the
intellectual property law of the Unites States of America, including, where
applicable, the Digital Millennium Copyright Act. (“DMCA”).
You may wish to consult with legal counsel regarding any right or interest that you
may have concerning copyright or other intellectual property rights that You may
have or may have violated. Nothing here is intended to substitute for qualified
legal
advice.
Notice of Claimed Infringement:
If you believe that any content on the Website and related Services or Products,
infringes on Your or someone else’s copyright, You, (as the owner or rights holder)
should send a notification to Our Designated Agent
by mail or email at the address set forth below.
To file a notice regarding claimed infringing material, please provide the following
information:
Reasonably sufficient details about the nature of the copyrighted work in
question, or, in the case of multiple alleged infringements, a representative
list of such works. This should include, title(s), author(s), any U.S. Copyright
Registration number(s)
or URL(s);
Reasonably sufficient details to enable us to identify and locate the material
that is allegedly infringing your works (e.g., file name or URL of the pages
that contain the material);
Your or Your representative’s contact information, so that we can contact You or
them (e.g., name, address, telephone number and email address);
A statement that You have a good-faith belief that the use of the material
identified above in subparagraph 2 is not authorized by the copyright owner, its
agent or the law;
A statement, under penalty of perjury, that the information in the notification
is accurate and that You or Your representative is authorized to act on behalf
of the copyright owner; and
Your or Your representative’s electronic signature.
Notice may be sent:
By US Mail
Long Island P.R.E.P
P.O. Box 201
Babylon NY 11702
By Email
P.Vecchione@longislandprep.org
If We receives a valid notice, We will remove the allegedly infringing material or
disable access to it on the Website. We will also make a good-faith effort to notify
the person who posted the content that a claim of infringement has been made and
that
the person may file a counter-notification if that person chooses to do so.
You may be required to meet additional legal requirements or may have certain
additional rights or obligations under applicable United States law. Your failure to
fulfil all such requirements may relieve Us from taking any action in response to
Your Notice.
Counter-Notification:
If material that You have posted to the Website has been taken down, You may file a
counter-notification that contains the following details:
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, under penalty of perjury, that You have a good-faith belief that
the material was removed or disabled as a result of mistake or misidentification
of the material in question;
Your or Your representative’s name, address, telephone number, and email
address;
A statement that You consent to the jurisdiction of the United States District
Court for the Eastern District of New York and that you will accept service of
process from the person who provided notification in compliance with section 512
(c)(1)(C) of
the DMCA, or an agent of such person; and
Your or Your representative’s physical or electronic signature.
Counter-Notice may be sent to:
By US Mail
Long Island P.R.E.P
P.O. Box 201
Babylon NY 11702
By Telephone:
(516) 322-1799
By Email:
P.Vecchione@Longislandprep.org
If LONG ISLAND P.R.E.P. receives a valid Counter-Notice, We will make a good-faith
effort to promptly provide a copy of the Counter-Notice to the person who filed the
Notice at the address the person provided and thereafter follow the procedures
provided
in the DCMA.
You agree that LONG ISLAND P.R.E.P. will not be a party to any further dispute or
lawsuit regarding the alleged infringement and that LONG ISLAND P.R.E.P. will not be
liable to You or any other party for its acts in removing or replacing any Website
content
in response to a Notice or Counter Notice.
LONG ISLAND P.R.E.P. will not adjudicate or decide any claim of infringement
or
defense thereto.
Version: 1.0
Eff. Date: September 9, 2021
LONG ISLAND P.R.E.P.
ACCESSIBILITY
STATEMENT
This Accessibility Statement is incorporated into the Terms of Use
. All terms defined in the Terms of Use shall have the same
meaning when used herein unless otherwise noted.
It is LONG ISLAND P.R.E.P.’s goal that its Website and Services be useful,
aesthetically pleasing and reasonably accessible to the widest audience possible.
LONG ISLAND P.R.E.P.
has and
will continue to invest in improving the accessibility of the
Website, its Services and Products for all Users and is committed to
achieving substantial conformance with standards.
However, the Website, the Services, Products, and their contents are dynamic, and
technology is constantly evolving. It is impossible to ensure that unforeseen issues
may not arise that may affect the ability of some individuals to access some or all
Website, Services or Product content. Additionally, LONG ISLAND P.R.E.P.
cannot and does not make any representation or warranty that
User contributed content, third-party content or third-party websites to which We
provide links will be accessible for Your purposes.
If
you are having any difficulty using the Website, please contact Us by
phone or email directly at so that we may assist you.
Via Telephone
(516) 322-1799
Via Email
p.vecchione@longislandprep.org
Version: 1.0
Eff. Date: September 9, 2021
ADDITIONAL TERMS FOR STUDENT TEAM
MEMBERS
These
Additional
Terms For Student Team Members apply to all Student Team Members. You must
agree to be bound by the terms set forth below and in Our
Terms
of Use, Privacy Notice and
Incorporated Notices
in order to access and use the Website, Services or
Products.
All titles, names and phrases defined in the Terms of Use shall have the same
meaning when used.
STUDENT
TEAM MEMBERS
Your School has designated Your Student as someone who might benefit from LONG
ISLAND P.R.E.P.’s Program through access and use of the Website, and related
Services and Products. The School has invited You to be a member of Your Student’s
“Student Team”.
Student Team Members may include the Student, their parent or guardian, mentor,
teacher, coach, or any other individuals that the School Administrator may invite to
assist the Student to achieve the goals of their individual plan as designed and
implemented
by the School Team and Student Team.
As a Student Team Member, You must agree to be bound by these Additional Terms for
Student Team Members as well as the Terms of Use, and Incorporated Notices
. Please read these terms carefully. If You do not agree to be
bound by these Additional Terms for Student Team Members, Terms of Use and
Incorporated, please do not access the Website, Services or Products or participate
as a Student Team Member.
LONG ISLAND
P.R.E.P. WEBSITE, SERVICES AND PRODUCTS
Our Program, provided through the Website, Services and Products are intended to
help School Teams identify and assist Students with substance abuse problems or
those who may be at risk of developing addiction in the future by providing
information, resources,
and plans for intervention and to aid in understanding and addressing student
recovery. We do not provide any services or products directly to individual students
nor create or administer any plans or programs for use by individual students.
Student
selection for participation in the Program and the design and administration of
individual plans is exclusively the responsibility of the School Team.
The Program builds on support from a team of individuals, from various aspects of
the Student’s life, to help the Student avoid substance abuse or aid in their
recovery. Accordingly, the Program is designed to encourage active collaboration by
the Student
and a variety of School Team Members and Student Team Members.
If you chose to participate as a Student Team Member, the School Administrator may
make available a variety of resources and strategies that the School Team has
selected for use with Your student. Not every School subscribes to every aspect of
our Program
or the entire content of Our Website, Services or Products. The School Team may also
decide that one or more aspects of a Program for which the School has subscribed is
not right for Your Student. The School Administrator is responsible to invite
Students and their selected Team Members to participate in design and fulfilment of
the each Student’s individual plan. If You believe that Your Student would benefit
from additional access to Our Website, Services or Products, please contact the
School Administrator to assist You.
YOUR ACCESS TO STUDENT DATA, THE
WEBSITE, SERVICES AND PRODUCTS
As a Student Team Member, You will be required to establish a User Account in order
to access certain restricted portions of the Website, Services and Products as well
as other Website functions. Some Student Team Members may also be able to access
Student
Data about their individual Student. The extent of Your access or the functions that
you may use will be determined by the School Administrator, depending on Your
relationship to the Student and the Program that has been selected for them. For
example,
a parent or guardian
may be legally permitted by the School to access Student Data, such as
school records, in compliance with School and legal guidelines, such as FERPA.
Conversely, the School Administrator may block an unrelated, non-family, Student
Team Member
from using their User Account to access to Student Data, unless it is essential for
their participation on the Student Team and only after obtaining the School
Administrator has obtained appropriate consents. If You have any questions about
Your access
to the Website, Services, Products or Student Data, including any rights to access
or modify a Student’s records under FERPA, please contact Your School directly.
When establishing and using Your User Account, You represent and warrant that:
(i) You are the individual that was invited to be a Student Team Member and provided
access to the Program by the School Team;
(ii) the information You have provided in Your User Account is accurate and up to
date;
(iii) Your access and Use of Student Data, Website, Services and Products will
exclusively be in connection with Your role as a Student Team Member and for the
Student’s benefit;
(iv) Your access, use, dissemination, disposal, or other interaction with Student
Data and other personal, private, or sensitive information will only be to the
extent that You are permitted by law to do so;
(v) You will not attempt to gain access to Student Data, or any personal, private or
sensitive information that is in excess to the access permitted to you by law;
(vi) You will not disclose or use any Student Data, or personal, private, or
sensitive information of any description that You receive due to Your access to the
Website, Services or Products for any purpose other than as a Student Team Member,
unless
otherwise permitted by law.
Please
remember that as a Student Team Member You may receive some
information that could cause embarrassment or harm to the Student or
to others. Do not abuse the trust that has been placed in You. You
should refrain from disclosing, repeating, publishing, or using any
information regarding anyone that You have learned as a result of
being a Student Team Member unless You are required to do so by law,
or it is necessary to protect an individual’s welfare.
OUR ACCESS AND USE OF PERSONAL
INFORMATION
LONG ISLAND P.R.E.P. is committed to the privacy of our Users’ data. Our general
practices concerning the collection, use, retention and disclosure of personal
information is set forth in our Privacy Notice
which is incorporated into the Terms of Use.
We may receive personal, private, or sensitive information (“Personal Information”)
about You from a variety of sources. The Personal Information enables Us to provide
access and support to the Website, Services and Products so that Your School may
provide
the Program(s) to the Student. For example, You may provide Personal Information
directly to Us when creating and using Your User Account or in the course of
performing Your role as a Student Team Member. We may also receive Personal
Information about
You from the School Administrator, School Team Members, and other Student Team
Members.
The Personal Information that We receive about You will vary. It may include Your
name, email and/or mailing address, telephone number, relationship to the Student,
employment, education, or other demographic information that is shared by You, the
School
Team, or other Student Team Members. We may also receive information about You
through technology when you use the Website, Services or Products, as further
described in Our Privacy Policy
.
Other than the information We collect regarding Your User Account and technology
usage, the School Team determines what information about You should be shared,
collected, stored, accessed, or used in connection with the Program and Your access
to and
use of the Website, Services and Products. We do not use the information that We
have received except in connection with the Website, Services and Products or as
otherwise set forth in our Privacy Policy. You may update the Personal Information
You
have provided to Us through Your User Account.
We retain the Personal Information that We receive about You for the time it is
reasonably needed for Your participation in the Program as a Student Team Member and
for a reasonable period thereafter, as required by law or permitted for our business
purpose.
If You have any concerns about how Your Personal Information is collected, shared,
accessed, stored, used, or deleted please contact Your School directly.
INFORMATION SECURITY
LONG ISLAND P.R.E.P. maintains administrative, technical and physical procedures to
protect information stored in our servers, which are located in the United States.
However, no system is impenetrable. If Your Personal Information is disclosed to or
accessed by an unauthorized party, We will promptly take steps to investigate the
matter and will notify You in accordance with applicable laws
.
COMMUNICATIONS WITH STUDENT TEAM
MEMBERS
On occasion, LONG ISLAND P.R.E.P. may send You email communications, regarding the
Website, Services and Products, Your role and participation as a Student Team
Member, communications from other Team Members, and other programs, services, and
products
that we may make available in the future. You may opt-out of receiving promotional
or commercial emails from us by clicking “UNSUBSCRIBE” on the bottom of each of Our
emails to You. However, You cannot opt-out or unsubscribe from emails in connection
with Your role as a Student Team Member or that are sent to You on behalf of the
School, unless You also resign as a Student Team Member.
The School may offer You the opportunity to receive communications regarding the
Program through SMS/Text message. Whether to offer this option and what is permitted
to be shared in this manner is exclusively within the discretion of the School
Administrator.
If You sign up to receive SMS/Text messages, you may incur and will be responsible
to pay additional charges from Your wireless provider.
7.
UPDATES
LONG ISLAND P.R.E.P. may update these Additional Terms for Student Team Members, and
any of Terms and Incorporated Notices from time to time. We urge You to regularly
check these Additional Terms when signing into Your User Account or otherwise
accessing
or using the Website, Services and Products.
Version: 1.0
Eff. Date: September 9, 2021
LONG ISLAND P.R.E.P. PRIVACY NOTICE
This Privacy Notice is incorporated into Our
Terms of Use
. All terms defined in the Terms of Use shall have the same
meaning when used herein unless otherwise noted.
Version:
1.0
Effective
Date: October 9, 2021
LONG
ISLAND P.R.E.P. respects Your privacy. This Privacy Notice (“
Privacy
Notice
”),
describes what information We collect from or about You, how it is
used, and what choices You may have regarding your information in
connection with Our Website, located at
www.LIPREP.ORG
or
any other LONG ISLAND P.R.E.P. related website, webpage,
application,
social media, or other Internet, mobile, or wireless
offerings no
matter how accessed (collectively “Website”) that provide a
link
to this Privacy Notice or LONG ISLAND P.R.E.P.’s
Terms
of Use
.
This
Privacy Notice applies to any individual in the
United States
regardless of the individual’s state of
residency, who visits the
LONG ISLAND P.R.E.P. Website or related content
or receives LONG
ISLAND P.R.E.P.’s Products or Services.
PLEASE READ THIS PRIVACY NOTICE
CAREFULLY AND IN ITS ENTIRETY BEFORE CONTINUING TO USE LONG ISLAND
P.R.E.P.’S WEBSITE, APPLICATIONS, PRODUCTS OR SERVICES. BY
ACCESSING AND CONTINUING TO USE LONG ISLAND P.R.E.P.’s WEBSITE,
APPLICATIONS, PRODUCTS OR SERVICES, YOU AGREE TO BE BOUND BY THIS
PRIVACY NOTICE (AS MAY BE MODIFIED FROM TIME TO TIME)
PERSONAL
INFORMATION THAT WE COLLECT
Types
of Information:
LONG
ISLAND P.R.E.P. may collect Your personal information in connection
with Your access to, use of, or Your submissions to the Website or
the related Services or Products. For example, We may collect
personal information about You, such as:
-
Identifiers,
such as Your name, nicknames or alias, mailing address, email
address, telephone number, online identifier, Internet Protocol (IP)
address, telephone number and Your date of birth, etc.;
-
Information
about You, such as Your school, location, grade, profession,
employment, physical characteristics, or descriptions, familial
relationships
, friends, history of substance use or
abuse, etc.
-
Your
User Account information, including Your email address, the unique
account password that you create to access Your User Account, Your
role as a Team Member, etc.;
-
Your
interactions with the Website, Services and Products, such as what
portions You may be authorized to access and use, Your actions as a
Team Member and Your use, submissions, and records in regard
thereto, etc.;
-
Education
information, including Student Data, that is not publicly available
personally identifiable information as defined the Family
Educational Rights and Privacy Act (“FERPA”) (See below);
-
Audio-visual
information in which You may appear, such as photographs, videos,
voice recordings, social media content, etc. ;
-
Information
concerning Your or Your Student’s substance use or abuse and its
impact, family and friends’ of substance use or abuse, history of
treatment and intervention, etc.
-
Information
that You share as a result of Your public or secure participation in
the Website, Services or Products;
-
Your
IP address and information about Your browsing, search history and
navigation on, to and from the Website;
-
Inferences
that are drawn from any of the information above to reflect Your
characteristics, psychological trends, predispositions, behavior,
attitudes, aptitudes, and abilities for the purpose of the providing
access to the Website, Services and Products.
We
may also obtain additional information about You that may or may not
be directly linkable to You. Examples include, but are not limited
to, aggregate information, analytics information using cookie IDs,
advertising segment information, advertising IDs/cookie or device
information.
Sources
of Information:
LONG
ISLAND P.R.E.P. collects information about You from a variety of
sources, including:
-
Directly
from you,
for example, when You create or access your LONG ISLAND P.R.E.P.
User Account; access or use the Website, or the related Services
and Products, from our Website; when You complete webforms; when
You prepare, adminsiter or participate in exercises, plans,
programs, assignments, surveys, reviews, or interviews, etc. or
when
You submit content for publication on The Website, such as for
blogs, social media pages, community events, etc.;
-
From
third parties,
for
example, Your School, School Team Members, Student Team Members, or
others that You authorize to provide Us with information about Your
access and use of the Website and related Services or Products,
publicly accessible sources, and third parties that assist LONG
ISLAND P.R.E.P.to provide customer service or maintain The Website,
and related Services and Products.;
-
Indirectly
from you,
for example, by observing your actions on our Website, or
through
information we collect while providing Services or
Services.;
-
Directly
and indirectly from your activity on the Website,
for
example, through Website portal or Website usage details that
are
collected automatically, through cookies on our website, or
through
your inquiries or submissions on the Website.
HOW
WE USE THE INFORMATION WE COLLECT
LONG
ISLAND P.R.E.P. may use personal information for a variety of LONG
ISLAND P.R.E.P.’s business purposes and to the extent and manner
permitted by law. We only use Your personal information if we have a
proper reason for doing so, such as:
-
To
fulfill or meet the reason for which the information is
provided.
For example,
to permit Team Members to access and use our Website, Services and
Products and the functions contained therein
;
to respond to Your questions or communications regarding
Your User
Account or LONG ISLAND P.R.E.P.’s Website, Products and
Services,
and Program;
to
communicate
with You regarding any changes to Your User
Account; and to
otherwise process all User functions;
-
To
provide You with communications
regarding
any changes to LONG ISLAND P.R.E.P.’s Terms of Use, Incorporated
Notices, policies or account management procedures; information
on
new or expanded Programs, Products, Services or updates;
-
To
carry out Our obligations
and enforce Our rights arising from any contracts entered
between
You and Us;
-
To
publish
content
on the Website
,
under some circumstances, such as when LONG ISLAND
P.R.E.P. enables
public participation forum by Users on the
Website;
-
To
personalize Your Website experience
and to deliver content and
service offerings relevant to Your interests including via email
or text message (with your consent, where required by law);
-
To
help maintain the safety, security, and integrity of our
Website
,
servers, databases and other technology assets, and business on
behalf of LONG ISLAND P.R.E.P. and its Users;
-
To
investigate or prevent a violation
of
any individual’s rights or other relationship with LONG ISLAND
P.R.E.P. or where LONG ISLAND P.R.E.P. has a good faith belief
that
access, preservation or disclosure of such information is
reasonably
necessary to protect the safety, rights, or property, LONG
ISLAND
P.R.E.P., its Users or the public, or to prevent or respond to
any
illegal, fraudulent, or harmful activity;
-
For
testing, research, analysis, and product development
, including to develop and improve
our Website, Products and Services, and Your experience with the
Website, Products and Services;
-
To
comply with our legal and regulatory obligations;
-
At
the request of law enforcement or governmental
agencies
or
in response to subpoenas, court orders or other legal process,
or to
establish, protect or exercise LONG ISLAND P.R.E.P.’s legal or
other rights, to defend against a legal claim or as otherwise
allowed by law or regulation;
-
To
evaluate or conduct a merger
, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some
or all of our assets, whether
as a going concern or as part of bankruptcy, liquidation, or
similar proceeding, in which
personal information
held by us about our Users is among the assets
transferred.
SCHOOL
INFORMATION
We
require certain information about a School when it subscribes to our
Website, and related Services and Products. To subscribe, access or
use our Website, Services or Products, the School must provide the
School name, address, School district, School email address, School
Administrator’s name and contact information, School Team Member
names and contact information, information regarding the School’s
IT resources, Students and Student Team Member names and contact
information, School records, data and general School information. The
School’s information is used by Us to operate, maintain and provide
the features and functionality of the Website, Services and Products,
to analyze and improve the Website, Services and Products and the
efficacy of our Program and to communicate directly with the School,
Team Members and other Users.
STUDENT
DATA
Some
of the information that we receive may be considered Student Data.
Student Data is personally identifiable information maintained in education
records that permit an individual Student to be identified and which may be
subject to certain protections
under the Family Educational Rights and Privacy Act Regulations (34 CFR § 99.3)
(“FERPA”). Some examples of Student Data that we may receive include a Students’
identification or student number, social security number, picture, test scores,
courses,
academic specializations, special education records, disciplinary records,
health records created and maintained, attendance records, or includes name,
address and contact for Students’ parents or guardian, etc. Access to Student
Data in connection
with the Website, and Services and Products is provided under the school
official exception of FERPA (34 CFR Part 99.31(a)(1).
We have relied on the School’s representation that it has made the necessary
disclosures and obtained the necessary consents for Us to access and process Student
Data, solely to enable us to provide access to the Website, Services or Products and
their
functions or as otherwise needed in support thereof. Additionally, under certain
circumstances, we may , collect and use data derived from Student Data, including
data about Users’ access to the Website and use of the Services or Products, that
has
been anonymized, aggregated or otherwise deidentified to remove the ability to
identify a particular User or School. (“De-identified Data”) De-identified Data will
have all direct and indirect personal identifiers removed, such as, names, ID
numbers,
date of birth, demographic information, location information, and school ID, etc.
Furthermore, We will not attempt to re-identify De-identified Data and we will not
transfer De-identified Data to any party unless that party also agrees not to
attempt
reidentification. We may use De-identified Data to, among other things, a) analyze
and operate the Website, Services or Products; b) assess, evaluate and improve on
the Services, Products, the LONG ISLAND P.R.E.P. programs and their outcome; and c)
to market the Website, Services, Products and LONG ISLAND P.R.E.P. We reserve the
right to use the De-identified Data for any and all legal purposes during Your
Subscription or after Your Subscription has terminated.
HOW
WE SHARE INFORMATION
LONG
ISLAND P.R.E.P. does
not
sell Your personal information, personal health information or
sensitive information to nonaffiliated third parties for their
business purposes, nor do we share information, except as
permitted
by law, as described in this Privacy Policy or otherwise with
Your
consent.
LONG
ISLAND P.R.E.P. may share information about You to third parties for
LONG ISLAND P.R.E.P.’s business purpose, such as with agents,
contractors, service providers or affiliates who help Us operate the
Website, Services and Products, assist with LONG ISLAND P.R.E.P.’s
marketing, conduct business on Our behalf. When We share information
for a business purpose, We do so only to the extent required for Our
business purpose and only as permitted by relevant law. We may also
share personal information with third parties if you have directed
and authorized Us to do so in connection with the Products and
Services that LONG ISLAND P.R.E.P. provides to You.
LONG
ISLAND P.R.E.P. may share personal information when required to do so
by Federal or State enforcement officials, when state or federal law
requires Us to do so (such as to comply with an inquiry from law
enforcement officials), when ordered by a court or by other
compulsory legal process or when We believe, in good faith, it is
necessary for us to comply with our legal obligations or to
investigate or prevent suspected illegal activities or fraud or harm
to others.
COOKIES,
IP ADDRESSES and OTHER TECHNOLOGY
Browser
Cookies
“
Cookies”
are small pieces of information that are stored by Your browser on
Your computer’s hard drive. By placing a “cookie”, the web
servers operated by LONG ISLAND P.R.E.P. and Our third-party service
providers can remember and distinguish Your web browser over time.
We use “cookies” for a variety of functions, such as
authentication, other types of security, User logins, to enable
collection of analytics information, to optimize Our Website, and to
personalize and customize Your experience with the Website. As one
example, cookies enable Us to remember information You gave to Us so
that you don’t have to reenter it each time You visit, such as in
regard to Your account information, interactions with our Website,
Services or Products, and preferences. If You do not wish to permit
“cookies” to be placed by Us, You should turn off or disable
cookies on Your browser or device. However, disabling cookies will
also prevent the Website and some aspects of the Services or Products
from being fully functional.
IP
Addresses
LONG
ISLAND P.R.E.P. maintains internal logs for Internal Protocol (IP)
addresses. An IP address is a number that is automatically assigned
to Your computer each time You access the Internet. Your IP address
does not contain personally identifiable information. LONG ISLAND
P.R.E.P. or its third-party service providers may collect IP
addresses in order to conduct system administration, report aggregate
information, conduct site analysis, and to detect improper use of the
site. We sometimes use IP addresses to identify the general location
of Your computer based on publicly available and third-party
information.
Other
Technical Information We Collect
In
addition to using browser cookies to remember Your browser, LONG
ISLAND P.R.E.P. also may use other technologies such as pixels, local
shared objects (such as “Flash cookies”), and HTML5 local storage
to collect information and remember your device. Some of the
technical information We collect is the type of browser You use (such
as Google Chrome, Internet Edge, Safari or Firefox), Your Internet
protocol (“IP”) address, the name of Your Internet Service
Provider (“ISP”), the version of Your operating system, the
dimensions and resolution of your display, Your referrer URL (which
is the URL for the website that you were viewing prior to visiting
the Website), how You were directed to the Website, which specific
pages You access on the Website, how long You view each page, the
time and date You access our Website, and any other interaction You
have with the Website, Services or Products. Most, if not all this
information is collected by third party service providers who assist
LONG ISLAND P.R.E.P.in the operation and maintenance of its Website
and to server its Users.
Your
Options
Most
popular Internet browser applications will allow You to configure the
browser so as not to accept cookies. However, setting Your browser to
reject cookies may, in certain instances, prevent You from taking
full advantage of the Website and its capabilities, or cause some
features of the Website to function improperly, slowly, or not at
all.
As
noted, the Website also uses various third-party services, such as
and including Google Analytics. You can consult the Google Analytics
Terms of Use and the Google Privacy Policy for
more information on how Google Analytics uses the data it collects.
Google utilizes the data collected to track and examine the use of
the Website, to prepare reports on its activities and share them with
other Google services. Google may use the data collected on the
Website to contextualize and personalize the ads of its own
advertising network. To more fully understand how Google may use the
data it collects on the Website, please review “How Google Uses
Information From Sites or Apps That Use Our Services.” If
You would like additional information regarding the security and
privacy practices of Google Analytics, and how You may manage privacy
settings, please review the materials provided by Google here
.
E-MAILS
LONG
ISLAND P.R.E.P. uses e-mail forms to allow Users to ask questions Our
Program, User Accounts, the Website, Services and Products.
We
may also send email promotions to You. You may opt-out of receiving
future email promotions by clicking on the link provided in each
email for that purpose.
You may not, however, opt-out of
receiving emails that are sent by the School or that are a
substantive, integral part of the Program and Your role as a Team
Member.
While
We make reasonable efforts to protect the personal information that
You share with us, it is important to note that such e-mail messages
are unsecured. Please consider the information You chose to include
in any email You send. Should you choose to send your information
via e-mail, You do so at your own risk. We recommend that if your
communication is sensitive or contains personal information, You may
want to send it another way.
If
You choose to correspond with Us via e-mail, We reserve the right
(but not the obligation) to retain the content of Your email messages
as well as Your e-mail address or other personal information, and Our
responses.
PERSONAL
INFORMATION PROVIDED AS PART OF USER
CONTENT
On
occasion and under certain circumstances, LONG ISLAND P.R.E.P. may,
in its sole discretion, offer Users the opportunity to submit content
to the Website, such as questions about the Website, Services and
Products; Your experiences with the Program; general discussions of
substance and alcohol use and abuse by school aged children and means
to address it; and other communications with the LONG ISLAND P.R.E.P.
Website community. You should consider what information You chose to
share in the content that You submit. If You include personal,
health or sensitive information in the content that You provide to
LONG ISLAND P.R.E.P. for public postings to the Website, including
any bulletin boards, forum posts, etc., such information may be made
available to anyone using the Website. Your contact information
(which may include, without limitation, Your Account Information such
as Your email address) may be included with any content that You post
via the Website. LONG ISLAND P.R.E.P. does not edit or otherwise
remove such information from User content before it is posted on the
Website. If You do not wish to have Your information made available
in this manner, You must remove any such information from the content
before posting. LONG ISLAND P.R.E.P.is not liable for any damages
caused or incurred due to information that You have made available in
the foregoing manner.
LINKS
TO OTHER WEBSITES
The
Website may contain links to non-LONG ISLAND P.R.E.P. websites. Links
to other websites are provided to You for information and convenience
only and do not constitute an endorsement or recommendation by LONG
ISLAND P.R.E.P. We are not responsible for, and this Privacy Notice
does not apply to, the privacy practices of those websites or of any
companies that We do not own or control. We make no representations
or warranties regarding the correctness, accuracy, performance,
security, privacy or quality of any content, software, service, or
application found at any Linked Site. We encourage You to seek out
and read the privacy policy and terms of use of each website that you
visit.
SECURITY
LONG
ISLAND P.R.E.P. takes commercially reasonable precautions to protect
the security of your personal information. We store
personal
information, personal financial information and other sensitive
information in a secure manner and transmit it via a secure internet
channel. We limit access to Your personal information to those who
have a genuine need to access it for business purposes, such as to
provide, support and administer the Services and Products. However,
no security measures are perfect or impenetrable, and LONG ISLAND
P.R.E.P. cannot guarantee that the information submitted to,
maintained on, or transmitted from its systems will always be
secure.
LONG ISLAND P.R.E.P.is not responsible for the circumvention of any
privacy settings or security measures contained on the Website by
any
Users or third parties.
Remember
that You are the first and best defense against unauthorized access
to Your information.
Please
do not share your LONG ISLAND P.R.E.P. User Account Information or
Password with others and take the necessary steps to assess whether
Your personal information is being transmitted to its intended
recipient
in a reasonably secure manner.
YOUR
CHOICES
ABOUT YOUR PERSONAL INFORMATION
To
fulfil Your Role as a Team Member, Your School may require that You
share certain Personal Information and Student Data that the School
may retain in its own servers or through LONG ISLAND P.R.E.P. LONG
ISLAND P.R.E.P. LONG ISLAND P.R.E.P. has no input or control as to
what personal information Your School requires nor how it is
collected, retained, shared, stored, used or deleted by the School.
IT IS THE SCHOOL’S RESPONSIBILITY TO PROVIDE YOU WITH A DESCRIPTION
OF THE PERSONAL INFORMATION AND STUDENT DATA THAT THEY COLLECT, HOW
IT IS MAINTAINED, COLLECTED, SHARED STORED, OR DELETED AND TO OBTAIN
YOUR CONSENT WHERE REQUIRED BY LAW. If You have any questions in
regard to Your School’s practices, please contact Your School
Administrator directly.
We
understand that You may have certain questions about LONG ISLAND
P.R.E.P.’s access and use of information that We have collected
either from the School or directly. Under some circumstances, You may
be able to opt-out of Our continued collection or use of Your
personal information, and/or seek access to or deletion of personal
information that We have collected about You in the past.
There
are circumstances when LONG ISLAND P.R.E.P. will not be able to
comply with such requests. For example, We may deny a request if We
determine, in good faith, that We should not comply because: to do so
would violate or conflict with LONG ISLAND P.R.E.P.’s legal
obligations, including, but not limited to, legal obligations as to
the preservation and non-disclosure of student, financial, medical or
personal health information; the information is the privileged,
proprietary or confidential information of LONG ISLAND P.R.E.P. or
someone other than the person making the request; the identity or
authority of the person making the request cannot be confirmed;
compliance with the request would compromise the privacy, safety or
legal rights of others; the burden or expense of responding would be
disproportionate to the requesting individual’s privacy risk; the
information is commercially necessary for Us to complete transactions
or provide the Services or Products that the User requested; or to do
so would impede LONG ISLAND P.R.E.P.’s detection, correction or
prevention of any security incident, intentional or non-intentional
interference with the Website, Products or Services.
If
You have any questions or concerns about LONG ISLAND P.R.E.P.’s
collection or use of Your personal information, wish to opt-out of
further collection of Your personal information or request deletion
of personal information presently in Our possession, please contact
Us using one of the methods set forth below. Upon receiving Your
request, We will endeavor to respond to request in a commercially
reasonable time.
Please
contact us:
EMAIL
p.vecchione@longislandprep.org
US
Mail
Long
Island P.R.E.P
PO
Box 201
Babylon
NY 11702
Telephone:
(516)
322-1799
If
You no longer would like to receive special offer information or
other promotional messages from Us, via email, You may click the link
at the bottom of any email You receive from Us and follow the
instructions. Your email address will be removed from Our marketing
list. However, LONG ISLAND P.R.E.P. may continue to communicate with
you concerning Your LONG ISLAND P.R.E.P.’s User Account, Products
and Services, delivery, billing, renewal and other matters. Please
allow us a commercially reasonable period of time in order to satisfy
your request, as some promotions may already be in process.
CHILDREN
LONG
LONG ISLAND P.R.E.P does not do not knowingly collect information about children under the age of 13 unless and until the School has obtained appropriate parental consent for the Student to access the Website or use the Services or Products. Because We may receive and use Student Data at the direction of and under the control of the School, LONG ISLAND P.R.E.P. relies on each School to provide appropriate notice to the parents of the School’s use of LONG ISLAND P.R.E.P.’s Website, Services and Products and for the School to provide consent, if necessary, and authorization for Us to collect Student Data as permitted by the Children’s Online Privacy Protection Act (“COPPA”) If You believe we have inadvertently collection personal information of a child under the age of 13 without proper consent, please contact us by mail:
EMAIL
p.vecchione@longislandprep.org
US
Mail
Long
Island P.R.E.P
PO
Box 201
Babylon
NY 11702
Telephone:
(516)
322-1799
so that we take immediate actions to address Your concern.
GOVERNING
LAW
Unless
otherwise noted, this Privacy Notice and use of LONG ISLAND
P.R.E.P.’s Website, or Products or Service shall be governed by and
construed in accordance with the laws of the State of New York,
United States of America. If any provision of this agreement shall be
unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from the other provisions and shall not
affect the validity of the other provisions.
HOW
WE RESPOND TO “DO NOT TRACK” SIGNALS
LONG
ISLAND P.R.E.P.is required by California and Delaware law to tell
Users whether it honors “Do Not Track” settings in your browser
concerning targeted advertising. LONG ISLAND P.R.E.P. does not
respond to ”Do Not Track” signals in your browser, as there is no
consensus as to what “Do Not Track” means and We have no way to
determine whether partners, affiliates, third party service provide,
or others can or will honor a Do Not Track signal in your browser
while they track your browsing activities in order to serve you
content that is tailored to your interests.
NOTICE
TO CALIFORNIA RESIDENTS
If You are a California resident that is
visiting the Website, You may be aware that, under certain circumstances, not
presently applicable to LONG ISLAND P.R.E.P., You may be entitled to additional
disclosures or to exercise different privacy rights
under applicable California law. As a condition of Your access or use any
portion of the Website, You understand and agree that the Website, Products and
Services are
NOT
governed by California law and agree to the terms set forth in this
Privacy Notice.
VISITING
THE WEBSITE FROM OUTSIDE THE UNITED STATES
If
You are visiting the Website from outside of the United States of
America, please be aware that your information may be transferred to,
stored, or processed in the United States. The data protection,
privacy and other laws of the United States and other countries might
not be as comprehensive as those in your country. By using any
portion of the Website, You understand and consent to the transfer of
your information to our facilities in the United States and to those
third parties with whom We share it as described in this Privacy
Notice.
CHANGES
TO OUR PRIVACY POLICY
We
update or change this Privacy Notice at any time and from time to
time.
We reserve the right to update, change,
modify, add, delete, revise, or replace any part of this Privacy Notice at any
time.
The most recent version of the Privacy Notice and its effective date
is reflected by the version and date located at the top of this
Privacy Notice. Any update or change will automatically govern Your
use of the Website 30 days after it is posted on the Website, unless
otherwise noted.
We recommend that You regularly check the Terms of Use when visiting the
Website, or ordering any Products or Services, as these Terms of Use may
have changed since you last did so. Your
continued
use of The Website, including the purchase of any Products or
Services through the Website, after the Privacy Notice is
updated
will constitute Your consent and agreement to be bound by the
updated
terms.
QUESTIONS
OR COMMENTS
If
You have any questions or concerns about this Privacy Notice, the
practices of this Website, or your interaction with this Website,
please contact us:
EMAIL
p.vecchione@longislandprep.org
Phone:
(516) 322-1799
US
Mail
Long Island P.R.E.P
PO Box 201
Babylon NY 11702