New Destiny Housing Corporation Terms of Use
These Terms of Use, together with New Destiny Housing Corporation’s (“New Destiny,” or “We”) Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access an use of the New Destiny website, located at https://newdestinyhousing.org (the “Site”). New Destiny’s Privacy Policy (the “Privacy Policy”) is available on the Site. “New Destiny” includes New Destiny and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents.
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 11 below. These Terms, among other things, state that any disputes between you and New Destiny must be resolved in binding arbitration in accordance with the JAMS Arbitration Rules.
1. Prohibited. You agree not to:
A) Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
B) Violate or encourage others to violate the rights of third parties, including without limitation intellectual property rights;
C) Interfere in any way with security-related features of the Site;
D) Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without New Destiny’s express written permission;
E) Sell or otherwise transfer the access granted herein.
2. Third Party Content. The Site may contain links to third party websites and services. New Destiny provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that New Destiny has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. New Destiny shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
3. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to New Destiny through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way for commercial purposes without our express permission. All trademarks and service marks on the Site belong to New Destiny, except third-party trademarks or service marks, which are the property of their respective owners.
4. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless New Destiny from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. New Destiny reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
5. Modification of the Terms. New Destiny reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including by posting a notice to the Site. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.
6. Disclaimers of Warranties. The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although New Destiny seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent factual errors or inaccuracies or technical malfunctioning that may impair the operation of the Site. New Destiny specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any and all damages that may result from your use of or access to the Site. New Destiny does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
7. Limitation of Liability. In no event will New Destiny be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not New Destiny has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
8. Governing Law. Governing Law. These Terms are governed by the laws of the State of New York/USA, without regard to conflict of law principles.
9. Dispute Resolution by Binding Arbitration. You and New Destiny agree to resolve any dispute, claim, or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, through binding arbitration in accordance with the JAMS Arbitration Rules, instead of in courts of general jurisdiction (“Agreement to Arbitrate”). The seat of arbitration shall be New York, New York. The arbitration shall be determined by a single arbitrator. The language of the arbitral proceedings shall be English. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users. All and any awards of the arbitrator shall be final and binding. The parties expressly exclude all and any rights of appeal from all and any awards.
10. Modification of the Site. New Destiny reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that New Destiny will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
11. General.
A) Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and New Destiny regarding your use of and access to the Site.
B) No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
C) Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
D) Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Last updated: June 21, 2024
ADDENDUM #1
New Destiny Housing Corporation
Terms of Use for Text Message Services
Effective Date: June 21, 2024
Please read these terms carefully before using our service. By using the service, you agree to comply with these terms.
1. Service Description:
Our service allows you to receive and send text messages to and from a designated mobile number.
2. Consent to Receive Messages:
By using our service, you consent to receive text messages from us. Message frequency will vary. Message and data rates may apply.
3. Opt-Out:
You can opt out anytime by replying “STOP” to a message or reply “HELP” for more information.
4. Privacy:
We respect your privacy and use the information you provided to opt into this service only to provide the service. For details, see our Privacy Policy.
5. Message Content:
Messages may include promotional offers, alerts, communication about community news, urgent notifications, events, and other content.
6. Support:
Contact us at privacypolicy@newdestinyhousing.org for assistance.
7. CTIA Compliance:
Our service complies with Cellular Telecommunications and Internet Association (CTIA) guidelines. Report concerns to us.
8. Changes to Terms:
We may update these terms from time to time to reflect changes in our service or applicable laws. We will notify you of any material changes to these terms by posting the updated version on our website or through other means. Your continued use of the service after such changes constitutes your acceptance of the revised terms.
9. Termination:
We can terminate your access for violating these terms.
10. Governing Law:
These terms are governed by the laws of the State of New York.
11. Contact:
For questions, contact us at privacypolicy@newdestinyhousing.org.