TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF NOVEMBER 5, 2015 .
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with New Directions For People
With Disabilities, Inc., also known as New Directions Travel, located at 5276 Hollister Ave., Suite 207,
Santa Barbara, California 93111, and our subsidiaries and affiliates, in association with the use of the New
Directions Travel website, which includes www.newdirectionstravel.org (the "Site") and its Services, which
shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a non-profit website which has the following description:
New Directions for people with disabilities, inc. is a 501(c)(3) non-profit organization providing high
quality local, national, and international travel vacations and holiday programs for people with mild to
moderate developmental disabilities.
These profoundly enriching educational travel opportunities expand experiential learning and dramatically
enhance the self-esteem of every traveler.
Our programs open whole new worlds of understanding for both the participants and the general
population.
Through these programs, people with disabilities are increasingly understood, appreciated and accepted as
important and contributing members of our world.
FOUNDED
1985, by Dee Duncan
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the
purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms and downloadable
programs, are the sole property of New Directions For People With Disabilities, Inc.. At its discretion, New
Directions For People With Disabilities, Inc. may offer additional website Services and/or products, or
update, modify or revise any current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or revised Services unless otherwise
stipulated. New Directions For People With Disabilities, Inc. does hereby reserve the right to cancel and
cease offering any of the aforementioned Services and/or products. You, as the end user , acknowledge,
accept and agree that New Directions For People With Disabilities, Inc. shall not be held liable for any such
updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.
Your continued use of the Services provided, after such posting of any updates, changes, and/or
modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such,
frequent review of this Agreement and any and all applicable terms and policies should be made by you to
ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated,
modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided
"AS IS" and as such New Directions For People With Disabilities, Inc. shall not assume any responsibility
or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content,
communication or personalization settings.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the New
Directions For People With Disabilities, Inc. Online Privacy Policy (see the full Privacy Policy at
www.newdirectionstravel.org/privacy.html). As a member, you herein consent to the collection and use of
the information provided, including the transfer of information within the United States and/or other
countries for storage, processing or use by New Directions For People With Disabilities, Inc. and/or our
subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to
comply with all applicable export and import laws, statutes and regulations, including, but not limited to,
the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
New Directions For People With Disabilities, Inc. shall not lay claim to ownership of any content submitted
by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for New Directions For People With Disabilities, Inc. the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of New
Directions For People With Disabilities, Inc.'s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of New Directions For People With Disabilities, Inc.'s sites, and shall terminate at such
time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of New Directions For People With Disabilities, Inc.'s sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of New Directions For People With Disabilities, Inc.'s sites
and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
New Directions For People With Disabilities, Inc.'s sites, the continuous, binding and completely
sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium current used or
later developed.
Those areas which may be deemed "publicly accessible" areas of New Directions For People With
Disabilities, Inc.'s sites are those such areas of our network properties which are meant to be available to
the general public, and which would include message boards and groups that are openly available to
visitors .
CONTRIBUTIONS TO COMPANY WEBSITE
New Directions For People With Disabilities, Inc. provides an area for our users to contribute feedback to
our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site,
you acknowledge and agree that:
a) your Contributions do not contain any type of confidential or proprietary information;
b) New Directions Travel shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) New Directions Travel shall be entitled to make use of and/or disclose any such Contributions in
any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of New Directions
Travel; and
e) New Directions Travel is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold New Directions For People With Disabilities, Inc., our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third
party, which may arise from any content a user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of New Directions Travel Services or your connection with
these Services, your violations of the Terms of Service and/or your violation of any such rights of another
person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to New Directions Travel's sites.
MODIFICATIONS
New Directions For People With Disabilities, Inc. shall reserve the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with
or without prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located
on or through our Services, which may include the payment and/or delivery of such related goods and/or
Services, and any such other term, condition, warranty and/or representation associated with such dealings,
are and shall be solely between you and any such advertiser. Moreover, you herein agree that New
Directions For People With Disabilities, Inc. shall not be held responsible or liable for any loss or damage
of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.
LINKS
Either New Directions For People With Disabilities, Inc. or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability
of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from such third party sites or
resources. Furthermore, you acknowledge and agree that New Directions For People With Disabilities, Inc.
shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result
of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content,
goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that New Directions For People With Disabilities, Inc.'s Services
and any essential software that may be used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable intellectual property rights and other
laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is protected by
copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by New Directions For People With Disabilities, Inc.
or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on New Directions For
People With Disabilities, Inc. Services (e.g. Content or Software), in whole or part.
New Directions For People With Disabilities, Inc. herein has granted you personal, non-transferable and
non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work
from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code,
sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as
such, not to use any modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our
Services through any means other than through the interface which is provided by New Directions For
People With Disabilities, Inc. for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF NEW DIRECTIONS FOR PEOPLE WITH DISABILITIES, INC. SERVICES AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL
BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW DIRECTIONS FOR
PEOPLE WITH DISABILITIES, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) NEW DIRECTIONS FOR PEOPLE WITH DISABILITIES, INC. AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH
WARRANTIES THAT (i) NEW DIRECTIONS FOR PEOPLE WITH DISABILITIES, INC.
SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW DIRECTIONS
FOR PEOPLE WITH DISABILITIES, INC. SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS
WHICH MAY BE OBTAINED FROM THE USE OF THE NEW DIRECTIONS FOR PEOPLE
WITH DISABILITIES, INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY
OF NEW DIRECTIONS FOR PEOPLE WITH DISABILITIES, INC. SERVICES OR
SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND
AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR
FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY
SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM NEW DIRECTIONS FOR PEOPLE WITH
DISABILITIES, INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON,
EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW DIRECTIONS FOR
PEOPLE WITH DISABILITIES, INC. AND OUR SUBISDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO
THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID
DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. New Directions For
People With Disabilities, Inc.'s content is provided primarily for informational purposes, and no content
that shall be provided or included in our Services is intended for trading or investing purposes. New
Directions For People With Disabilities, Inc. and our licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted and/or made available by way of our
Services, and shall not be responsible or liable for any trading and/or investment decisions based on any
such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be third-party beneficiaries to this agreement.
NOTICE
New Directions For People With Disabilities, Inc. may furnish you with notices, including those with
regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any which may
be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been delivered had you accessed
our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the New Directions For People With Disabilities,
Inc. trademarks, copyright, trade name, service marks, and other New Directions For People With
Disabilities, Inc. logos and any brand features, and/or product and service names are trademarks and as
such, are and shall remain the property of New Directions For People With Disabilities, Inc.. You herein
agree not to display and/or use in any manner the New Directions For People With Disabilities, Inc. logo or
marks.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
New Directions For People With Disabilities, Inc. will always respect the intellectual property of others,
and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole
discretion, New Directions For People With Disabilities, Inc. may disable and/or terminate the accounts of
any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work
has been duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the following
information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) The physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is the truth and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The New Directions For People With Disabilities, Inc. Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
New Directions For People With Disabilities, Inc.
Attn: Copyright Agent
5276 Hollister Ave., Suite 207
Santa Barbara, California 93111
Telephone: 805-967-2841
Fax: 805-964-7344
Email: hello@newdirectionstravel.org
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and New Directions For People With Disabilities,
Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us
with respect to New Directions For People With Disabilities, Inc. Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain other New Directions For
People With Disabilities, Inc. Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and New Directions For People With Disabilities, Inc. with regard
to the TOS that the relationship between the parties shall be governed by the laws of the state of California
without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes,
arising out of or relating to the TOS, or the relationship between you and New Directions For People With
Disabilities, Inc., shall be filed within the courts having jurisdiction within the County of Santa Barbara,
California or the U.S. District Court located in said state. You and New Directions For People With
Disabilities, Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to
waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should New Directions For People With Disabilities, Inc. fail to exercise or enforce any right
or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any
provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 5 year(s) after said
claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to New Directions For People With Disabilities, Inc. as
follows:
Mailing Address:
New Directions For People With Disabilities, Inc.
Attn: Copyright Agent
5276 Hollister Ave., Suite 207
Santa Barbara, California 93111
Telephone: 805-967-2841
Fax: 805-964-7344
Email: hello@newdirectionstravel.org