Last Updated: June 6, 2018

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.

This Terms of Use Agreement (these “Terms of Use”), describes the terms and conditions of use of http://www.aviddnj.org/ & http://www.bethelridgenj.org/ (the “Site”) by you, the Site viewer, and your rights and responsibilities as a user.

Welcome to our Site. Avidd Community Services of NJ, Inc. (formerly known as Special Homes of New Jersey, Inc.) & Bethel Ridge Corp. (“Avidd”, “Bethel Ridge” “we”, or “our”) provides this Site for your personal use. Please read these Terms of Use carefully before you start to use the Site. By using the Site you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.aviddnj.org  & www.bethelridgenj.org incorporated herein by reference.If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Site. These Terms of Use and the rights, benefits and obligations contained herein are fully assignable by Avidd & Bethel Ridge and will be binding upon and inure to the benefit of our successors and assigns.

This Site is not designed for use by anyone under the age of 18.  Any use of or access to this Site by anyone under the age of 18 is prohibited.  Avidd & Bethel Ridge will not knowingly collect information from Site users under the age of 18.  By using our Site you represent and warrant that you are: (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.  If you do not meet these criteria, please do not use our Site or provide us with any information.

Changes to the Terms of Use

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

Accessing the Site

By: (a) accessing and using our Site, (b) providing payment for and/or using any Services provided by us thereunder, and/or (c) providing your personal information to us, you agree and are thus bound by all of the terms and conditions set forth in these Terms of Use.  As used throughout, the term “Services” means the administration of group homes for persons who are intellectually disabled.

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. You are responsible for making all arrangements necessary for you to have access to the Site; and ensuring the security of the computers and systems you are using to access the Site.

Site Content; Permissions and Restrictions for Use of this Site

Content on the site is offered to the general public for educational purposes and is strictly informational.    

Intellectual Property Rights

The Site, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Content”), are owned by Avidd & Bethel Ridge, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. http://www.aviddnj.org/ & http://www.bethelridgenj.org/ and its associated logos are our trademarks and/or service marks.  You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

Certain materials available on or through the Site are our Works (content we own, authored, created, purchased, or licensed or which we shall own, author, create, purchase, or license).  Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Site.  We hereby grant you a limited non-assignable license to access and make personal use of the Site provided that such use is for the purposes of the Site described above. This license does not permit you to sell, license, and/or make any commercial use of http://www.aviddnj.org/ & http://www.bethelridgenj.org/ or its Content and/ or any information derived from http://www.aviddnj.org/ & http://www.bethelridgenj.org and/or its contents and materials.

The above described license is conditioned on your compliance with these Terms of Use, and shall terminate upon termination of these Terms of Use. If you breach any provision of these Terms of Use, any license you have obtained will be automatically rescinded and terminated. Avidd & Bethel Ridge  further reserves the right, in its sole discretion, to change, suspend, or discontinue any aspect, feature, or function of the Site at any time without notice or liability.

Prohibited Uses:

You may use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the exporting of data or software to and from the US or other countries); or
• To engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by us, may harm Avidd & Bethel Ridge or users of the Site or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• Use any manual process to monitor or copy any of the material on the Site for any unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Site;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Site. 

Geographic Restrictions:

Avidd & Bethel Ridge the owners of the Site, are based in the state of New Jersey in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its Content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

User Submissions and PII:

Any information, material, comments or other communication submitted to us is treated as confidential and not otherwise disclosed to third parties. We do not otherwise collect and store personally identifiable information (“PII”) from Site users.PII is any information that can be used to identify a person, such as first and last name, email, home or business address, phone number, or protected health information (“PHI”).  PHI is PII that includes certain additional data points, specifically it also relates to: (a) your past, present, or future physical or mental health or condition, (b) the provision of health care to you, or (c) your past, present, or future payment for the provision of health care, and it is created, received, transmitted, or maintained by the Avidd & Bethel Ridge.  Any PII collected and received via form submission or email is submitted voluntarily and may be used by Avidd & Bethel Ridge to respond back to users as necessary.  By submitting PII via the Site, you consent to all actions taken by us with respect to your PII.  More information regarding PII and its use on our Site and in our Services can be found in our Privacy Policy.

To the extent that you submit PII, you represent and warrant that all such information will be truthful, accurate, and not misleading, and shall not omit or fail to state any material information. You agree not to provide any user information that: (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; or (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity.

Links and Third Parties

As a convenience to you, this Site may periodically provide links to third party websites through links available on this Site (“Third Party Sites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources. Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third Party Site. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD PARTY SITES, AND AVIDD & BETHEL RIDGE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from our Site and any Third Party Sites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. Users are expected to independently assess whether information and resources from any website, including ours, will meet their needs.

Disclaimer of Warranty

You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.

USE OF THIS SITE IS AT YOUR OWN RISK. AVIDD & BETHEL RIDGE DOES NOT WARRANT THAT OUR SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, OR THAT IT AND ITS SERVER ARE FREE FROM VIRUSES OR OTHER HARMFUL TECHNOLOGIES.  Any subsequent damage to your computer system or loss of data that results from your use of the Site falls under your assumed risk and responsibility.  Further, while we aim to ensure appropriate and accurate sharing of information, we make no warranties regarding the Content of the Site, its quality, accuracy, truthfulness or reliability.

The Site, its Content (inclusive of user submissions) are provided on an “as is” and “as available” basis without any warranties of any kind. AVIDD & BETHEL RIDGE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITYAND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVIDD & BETHEL RIDGE DISCLAIMS ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Dispute Resolution

If we end up in a legal dispute, it will take place in New Jersey, applying New Jersey law. You understand that you must file a claim against us within one year after the issue arose.

If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Denville, New Jersey before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to these Terms of Use shall be entitled to recover associated costs, including reasonable attorneys’ fees.

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Governing Law and Jurisdiction:

You agree that before you bring a case in court, you will try to mediate the claim against us and then go to arbitration. All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Jersey although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Liability

IN NO EVENT WILL AVIDD & BETHEL RIDGE OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Avidd & Bethel Ridge, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Waiver and Severability

Any failure by Avidd & Bethel Ridge to enforce any right or provision of these Terms of Use shall not constitute a waiver of such rights or provisions.  Should any competent court or arbitrator find any provision herein as invalid or unenforceable, that provision will be enforced to the maximum extent permissible and any and all other provisions of these Terms of Use will remain in full force and effect.

Comments and Concerns

This Site is operated by Avidd & Bethel Ridge. All notices of copyright infringement claims, other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: avidd@aviddnj.org.

Thank you for using this Site.