Privacy Policy

Terms of Use & Privacy Policy

Effective Date: August 1, 2013

This website, www.delbarton.org, and website-related platforms are owned and operated by Delbarton School (“DELBARTON”), an independent college preparatory educational institution. The following terms and conditions (the “Mandatory Terms of Use”), as well as the terms and conditions appearing in our Copyright Policy, Complaint Policy, and Privacy Policy which are incorporated herein by reference (the Mandatory Terms of Use, Copyright Policy, Complaint Policy, and Privacy Policy, together this “Agreement”) constitute an agreement between DELBARTON and you with respect to your use of the Website and all material appearing on or submitted through the Website. This Agreement impacts your legal rights and responsibilities and should be read carefully.

BY VISITING, ACCESSING, VIEWING, OR OTHERWISE USING ANY AREA OF THE WEBSITE, INCLUDING CREATING A PROFILE OR PARTICIPATING IN ANY ONLINE INTERACTIVE COMMUNITY HOSTED ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS.

YOUR USE OF THE WEBSITE CREATES A LEGALLY BINDING CONTRACT BASED ON THE FOREGOING MANDATORY TERMS OF USE AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY, THE COPYRIGHT POLICY, AND THE COMPLAINT POLICY. YOUR USE OF THE WEBSITE IS EVIDENCE OF YOUR CONSENT TO ALL SAID TERMS.

IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, YOU MUST IMMEDIATELY STOP USING THIS WEBSITE.

DELBARTON may, at any time and in its sole discretion, revise or update this Agreement by posting an amended Agreement on the Website with modified, new or additional terms (collectively “Revised Terms”), which can be identified by reference to the “Effective Date” specified above. Please refer to this page periodically for modifications to the Agreement, which are hereby incorporated by reference into this Agreement. Your use of the Website on or after the Effective Date appearing at the beginning of the Agreement constitutes your acceptance of the Agreement, and any Revised Terms therein.

If you have any questions about this Agreement, please contact us at webmaster@delbarton.org prior to using the Website.

I. SCOPE OF AGREEMENT:

As used in this Agreement, the words “you” and “your” refer to any individual accessing the Website. The words “we,” “us,” and “our” refer to DELBARTON.

Unless otherwise indicated, this Agreement applies to your use of the websites which are owned or operated by DELBARTON, including, without limitation, www.delbarton.org, as well as any other website that we may own or operate currently or in the future and any and all platforms or programs accessible through the Website that we may offer currently or in the future (collectively, the “Website”).

I. INCORPORATED TERMS:

The following additional terms are hereby incorporated into this Agreement by reference, and your assent to this Agreement binds you to all of the additional terms in the following documents:

  1. Copyright Policy;
  2. Complaint Policy, including trademark complaints;
  3. Privacy Policy; and
  4. COPPA

II. LICENSE TO USE THE WEBSITE:

As long as you are in compliance with the terms of this Agreement, DELBARTON hereby grants you a limited, revocable, non-assignable, non-sublicensable, non-exclusive license to access, use, and display the Website and the material provided thereon via an ordinary Internet browser for your personal, noncommercial use. You are also prohibited from selling, reselling, transferring, licensing or exploiting, for any commercial purposes, any use of or access to the Website. Any violation of the terms or conditions of this Agreement is grounds for immediate termination of this limited license, which DELBARTON, in our sole discretion and without prior notice or liability, may terminate at any time. No other rights are granted, implied or otherwise.

III. AVAILABILITY OF WEBSITE:

While DELBARTON makes reasonable efforts to ensure that the Website is available at all times, DELBARTON does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and DELBARTON does not guarantee that users will be able to access or use all or any of the Website features at all times.

DELBARTON reserves the right, in its sole discretion, to modify, alter, suspend or terminate, temporarily or permanently, the Website or any portion or feature thereof, including your particular user account, at any time without prior notice or liability. You agree that DELBARTON shall not be liable to you or to any third party for any modification, alteration, suspension or termination of the Website or any portion or feature thereof.

DELBARTON, in its sole discretion, may also impose limits on your use of, or access to, the Website, or restrict or terminate your access to the Website or any portion or feature thereof, in all cases without prior notice or liability to you or any third party.

IV. RESTRICTIONS ON USE OF WEBSITE:

DELBARTON makes this Website, and all materials appearing thereon, available to you solely for your personal, noncommercial use. You agree to comply with all applicable laws, rules, and regulations in accessing and/or using the Website. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct as well as all other terms of the Agreement.

You agree not to use this Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any DELBARTON employee, agent, or representative; or expressing or implying that DELBARTON endorses any statement you make. You are prohibited from accessing, or attempting to access, any portion of the Website that is not public or is not meant to be accessed by general users, and you may not attempt to override any security measures in place on the Website. You agree not to modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or harvest or collect personally identifiable information about Website visitors or users, or about DELBARTON employees or other individuals identified on the Website, without their express written consent. You may not mine or harvest information from the Website, including any scraping of the Website. You may not use the Website to solicit any other Website users, either through Website functionality or through outside functionality. You may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website, including DELBARTON‘s or any other party’s intellectual property therein, without our prior, express, written authorization.

To the extent that you may access or download any software that is made available through Delbarton from the Website (“Software”), such Software is the copyrighted work of DELBARTON and/or its various third party licensors. Your use of the Software may be governed by the terms of the end user license agreement, if any, and any other terms and conditions or agreement which accompanies or is included with the Software, or otherwise requires you to accept specific terms and conditions before use. You may not install or use any Software that is accompanied by or includes such an end user license agreement unless you first agree to the terms of such agreement. Any warranty applicable to the Software will be specified in the terms of any such license agreement or terms and conditions and no additional warranties are provided herein. Rather, any warranties not specifically made are specifically disclaimed. If you have any inquiries concerning these terms, please consult DELBARTON before accessing or downloading any Software. DELBARTON specifically limits its liability as set forth below.

V. RESTRICTIONS ON USE OF MATERIAL APPEARING ON WEBSITE:

You agree and acknowledge that materials appearing on the Website, including without limitation, information, data, photographs, images, audio clips, video, text, graphics, messages, notes, articles, and other materials (collectively the “Content”) are the property of their respective owners and are protected under the laws of the United States and other jurisdictions worldwide by copyright, trademark, patent, trade secret and/or other proprietary rights in all forms now existing or hereafter developed.

DELBARTON expressly retains all rights it may hold in and to the Content on the Website. All Content on the Website is protected by copyright pursuant to United States law and if applicable, similar foreign copyright laws. You recognize that while some of the Content may be compiled from publicly available sources, DELBARTON owns the copyright in and to the compilation, selection, coordination, and arrangement of all Content. Trademarks appearing on the Website, including without limitation, the following registered trademarks: “Delbarton,” “Delbarton School,” and “D” (collectively the “DELBARTON Trademarks”) are owned by DELBARTON. Use of the DELBARTON Trademarks and copyrighted Content is prohibited without the express, written consent of DELBARTON.

Copyright, trademark, and other proprietary rights in and to the Content appearing on the Website from time to time may also subsist in third parties, other than, and in addition to, DELBARTON, and remain the property of their respective owners. The appearance of such Content on the Website does not in any way imply any connection, approval, or relationship of any kind between DELBARTON and such third party, and further shall not be construed as indicating that DELBARTON possesses the authority to grant any right or license to use the Content on behalf of any third party. Nothing in this Agreement shall be construed as granting you, whether expressly or impliedly, a license or any other right to use or distribute the Content appearing on the Website, whether owned by DELBARTON or a third party.

Any use of the Content, in whole or in part, including the reproduction, modification, distribution, transmission, display, republication, or any other exploitation of same, without the prior, express, written consent of DELBARTON or the person or entity owning such Content is strictly prohibited, except as provided in Section VI All rights not expressly granted herein are expressly reserved by DELBARTON or the respective third party rights holder.

VI. PERMISSIBLE USE OF MATERIAL ON WEBSITE:

You may print, download, or copy the Content on the Website, or any portion thereof, for your personal, non-commercial use only in a manner that does not violate the rights of DELBARTON or any other third party. You may not print, download, copy, or link to the Website, or any Content hereon, for any other purpose without the prior, express, written consent of DELBARTON or the respective third party owner. Inclusion of any portion of this Website in another work, whether in printed, electronic, or other form, or inclusion of any portion of the Website in another website by linking, framing, embedding, or otherwise, is strictly prohibited without obtaining DELBARTON’s prior, express, written authorization. Additionally, you may not remove any trademark, copyright, or other rights notice which appears on the Website and/or Content appearing hereon.

For questions or comments concerning intellectual property issues, DELBARTON’s legal counsel can be reached by directing communications to Kurt W. Krauss, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP, 200 Campus Drive, Florham Park, New Jersey 07932, (973) 624-0800.

VII. INFORMATION ON THE WEBSITE:

The Website and the information and content appearing herein are designed to serve as a general informational resource only with regard to the subject matter covered. DELBARTON is not rendering professional advice, guidance, or recommendations of any kind in connection with information set forth on the Website, including without limitation, information related to financial contributions made to DELBARTON via the DELBARTON fund. The information provided through this Website should not be relied upon and should not replace consultations with financial, tax, or legal professionals you may retain for the purpose of assessing your individual circumstances. You should evaluate all information available on the Website in consultation with such professionals or other advisors as appropriate. Any reliance on information provided through the Website is solely at your own risk and DELBARTON shall not be responsible for errors or omissions in the information provided through the Website, or any actions resulting from your use of this information.

VIII. CONTENT SUBMITTED BY THIRD PARTIES:

Certain content appearing on the Website may include materials generated and posted by third parties not affiliated with DELBARTON. Except as prohibited by law, and unless otherwise indicated, when you choose to post or submit content (“Submission”) to the Website, you hereby explicitly agree, represent, and warrant that you are the owner or rights holder of the Submission and that the Submission does not contain illegal, confidential, defamatory, obscene, abusive, false, or proprietary information or information that infringes on or violates the rights of others, including intellectual property rights, or is otherwise injurious to third parties.

A Submission under Section VIII does not include Personal Information as described in the Privacy Policy, the terms of which are incorporated herein by reference. Collection and/or use of Personal Information is expressly governed by the terms and conditions of the Privacy Policy.

In posting a Submission, you hereby grant DELBARTON a non-exclusive, irrevocable, royalty-free, perpetual, and fully sub-licensable right to use, disclose, reproduce, modify, distribute, display, and otherwise exploit the Submission in any manner, for any purpose, throughout the world, without notice or obligation, financial or otherwise, to you.

Further, DELBARTON may access and use the Website and any information thereon, including the contents of any Submission, for any lawful purpose. DELBARTON may disclose the contents of any Submission to any third party, including any law enforcement agency, to protect DELBARTON’s rights, the rights and safety of DELBARTON’s students, employees, DELBARTON’s property, and/or for any other reason deemed necessary by DELBARTON.

DELBARTON retains the right, but not the obligation, to monitor any activity or Submission posted or uploaded to the Website, or otherwise made available on the Website. DELBARTON, at any time and without notice to you, may block, edit, modify or remove any Submission or other content it deems to be violative of this Agreement, or any other Submission or content that DELBARTON deems, in DELBARTON’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of DELBARTON, the Website or the particular area of the Website to which such Submission may have been placed. However, DELBARTON takes no responsibility and assumes no liability for any Submission posted by you or any third party, or any damage caused by another’s access to such content on the Website, whether before or after any removal of such Submission by DELBARTON. DELBARTON in no way endorses any Submission posted to or made available through the Website.

DELBARTON does not control Submissions posted or uploaded to DELBARTON, or otherwise made available to others in connection with the Website, and has no obligation or duty to verify the accuracy of any such Submission, or the identity of any user that provides such materials or to supervise the uploading, use or availability of such materials on or to the Website. In the event that you believe that any user of the Website has violated this Agreement, please contact DELBARTON immediately, and DELBARTON may take action that it, in its sole discretion, deems appropriate under the circumstances.

IX. USER ACCOUNTS:

You may be required to complete a registration process or create a user profile prior to gaining access to certain portions of the Website (“Login Information”). With respect to those portions of the Website that require the entry of unique login information, this Login Information is valid for your personal, noncommercial use only, and you agree that you will not assign, transfer or sublicense your rights as a registered user of the Website to any other person. You agree that providing your login information, or providing access to your account by any other means to any other person, is strictly prohibited. You are solely responsible for maintaining the confidentiality and security of your login information and remain at all times solely responsible for all usage or activity on the Website occurring in connection with your Login Information. If you believe that your Login Information has been lost, stolen, or otherwise compromised, or that an unauthorized person has or may attempt to access the Website, you must immediately contact DELBARTON. You agree and acknowledge that DELBARTON shall have no responsibility or liability to you or any third party for any losses resulting from the use of your Login Information.

You hereby agree and acknowledge that DELBARTON may send you important notices or other information related to the Website by email or through other means, including phone, fax, mobile or other hand held devices. You agree and acknowledge that DELBARTON has no liability related to or arising from any failure by you to maintain accurate or up to date contact information, or other profile information, or related to your failure to receive important or critical information regarding the Website.

X. ENFORCEMENT OF AGREEMENT:

DELBARTON may investigate any reported, alleged, or suspected violation of this Agreement, and take any action that DELBARTON, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website, or complete termination of such access, at any time. DELBARTON reserves the right to recover those amounts spent in connection with enforcement of the Agreement as well as with the remedying of any violation of its terms.

XI. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES:

IN NO EVENT SHALL THE ORDER OF ST. BENEDICT OF NEW JERSEY, SAINT MARY’S ABBEY, DELBARTON SCHOOL, THEIR PARENTS, DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO, OR ANY OTHER INDIVIDUAL’S USE OF OR ACCESS TO, THIS WEBSITE OR ANY GOODS OR SERVICES CONTAINED THEREIN.

DELBARTON DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. DELBARTON DISCLAIMS ANY AND ALL LIABILITY FROM ANY MALFUNCTIONS, LIMITATIONS ON ACCESS OR INTERRUPTIONS IN AND TO THE WEBSITE. ADDITIONALLY, DELBARTON DOES NOT WARRANT THAT ANY INFORMATION TRANSMITTED BY DELBARTON TO ANY INDIVIDUAL VIA THE WEBSITE IS ACCURATE OR EFFECTIVE. DELBARTON DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL NOT VIOLATE THE RIGHTS OF OTHERS.

FURTHER, NEITHER DELBARTON, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THIS WEBSITE OR ANY GOODS OR SERVICES CONTAINED THEREIN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE WEBSITE OR THE GOODS AND SERVICES.

Without limiting the foregoing, this Website and all content appearing thereon, regardless of who generates it, is provided to you “AS IS” and DELBARTON SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, AND ANY GOODS OR SERVICE PROVIDED VIA THE WEBSITE.

Notwithstanding the foregoing, in the event that a court of competent jurisdiction finds the above disclaimers unenforceable, you agree that neither DELBARTON nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors shall be liable for any indirect, incidental, punitive, special, or consequential damages to you or any third party from your use of the Website or any website-related services, Content, Submissions, or other materials on, accessed through, streamed, or downloaded from the Website, even if DELBARTON is aware or has been advised of the possibility of such damages. This limitation of liability shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation of liability shall not apply to any damage that DELBARTON causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

XII. INDEMNITY:

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Order of St. Benedict of New Jersey, Saint Mary’s Abbey, Delbarton School, their parents, directors, officers, trustees, employees, representatives, agents, attorneys, suppliers or other third-parties mentioned on this website, as well as each of their respective partners, employees, representatives, and agents, from and against all claims, losses, costs, damages, liabilities and expenses, including, but not limited to, attorney fees, which arise out of:

· Your activities in connection with the Website;

· Any violation of this Agreement by you;

· Any improper or unauthorized use of Content by you;

· Any allegation that anything you transmitted or attempted to transmit, including but not limited to any Submissions you submit or otherwise make available, through or in connection with the Website, infringes or otherwise violates the intellectual property, privacy or other rights of any third party; and

· Any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of software, services, Content or any other such service or information which appears on the Website.

XIII. INCORPORATION OF PRIVACY POLICY:

We use your information only as described in the Privacy Policy, which is expressly incorporated by reference in this Agreement. If you object to anything in the Privacy Policy, you should immediately cease all further use of the Website.

XIV. SEVERABILITY:

If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision(s), which shall remain enforceable to the fullest extent permitted by law.

XV. CHOICE OF LAW AND JURISDICTION:

Unless otherwise specified, the Website and its contents are provided solely for providing information about DELBARTON. The Website is controlled and operated by DELBARTON from servers located in the State of New Jersey, United States of America. You agree that any dispute arising under the Terms of Use Agreement or your use of the Website shall be resolved exclusively by New Jersey state or federal courts, in the County of Morris, applying New Jersey law, regardless of principles of conflicts of law, and, by your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.

Although the Website is available worldwide, your use of the Website outside of the United States is at your own risk. You understand and agree that the law of your home jurisdiction may provide protections not provided in the United States, and that by visiting the Website, you unequivocally and unambiguously agree to submit and adjudicate any disputes which arise out of such use pursuant to the terms and conditions stated in this Choice of Law and Jurisdiction clause.

XVI. LINKS TO OTHER WEBSITES:

This Website may contain links to other websites (“Third Party Websites”). These links are provided solely for the convenience of our users. DELBARTON does not control, endorse, sanction, or verify the accuracy of the information, services, or products contained on Third Party Websites. Once you access a Third Party Website through a link on this Website, you are no longer covered by the Privacy Policy or Terms of Use of this Website, and you may be subject to the terms and conditions and privacy policy of such Third Party Website.

When you leave the Website and navigate to Third Party Websites and download or install any applications, software, or other material, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Website you navigate to from this Website, or relating to any applications you use or install from such Third Party Websites. Concerns regarding a Third Party Website should be directed to the operator of the Third Party Website itself. DELBARTON bears no responsibility for any action associated with any Third Party Website.

XVII. POLICIES FOR CHILDREN:

Although DELBARTON is a 501(c) Charitable Non-Profit Organization exempt from the requirements of the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), DELBARTON is committed to the protection of the online privacy of individuals under the age of 13 (“Children”) as well as parental control over information collected from Children online. Accordingly, please refer to our Privacy Policy to understand our practices with respect to information provided by users of the Website.

XVIII. WAIVER:

Any failure by DELBARTON to enforce any term of this Agreement against you or any other user shall not be considered a waiver of DELBARTON’s right to enforce this Agreement as to any future violations committed by you or any other user.

XIX. OPPORTUNITY TO ASK QUESTIONS:

You acknowledge that by using the Website you understand and agree to these terms. You also acknowledge that you have had the opportunity to ask questions about this Agreement or seek legal advice prior to agreeing to same.


© 2013 DELBARTON. All rights reserved.


COPYRIGHT POLICY:

If you believe in good faith that any Content, Submission, or other material posted on or otherwise provided in connection with the Website infringes the copyright in and to a work owned by you or another person, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C.A. §512(c)(3)), with correspondence containing the following:

· A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

· Identification of the copyrighted work claimed to have been infringed;

· Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;

· Information reasonably sufficient to permit DELBARTON to contact you;

· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact DELBARTON’S designated DMCA Copyright Agent:

Kurt W. Krauss

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

200 Campus Drive

Florham Park, NJ 07932

Kurt.Krauss@wilsonelser.com

Please send a copy of said notice to:

DELBARTON SCHOOL

Attn: John Costa, Dean of Academic Technology

230 Mendham Road

Morristown, New Jersey 07960

webmaster@delbarton.org

© 2013 DELBARTON. All rights reserved.


COMPLAINT POLICY:

(INCLUDING TRADEMARK AND PRIVACY)

If you believe in good faith that any Content, Submission, or other material posted on or otherwise provided in connection with the Website infringes any of your rights, or the rights of another person, other than in copyright, or is otherwise unlawful, you must send a notice to webmaster@delbarton.org with a copy to Kurt Krauss at Kurt.Krauss@wilsonelser.com, containing the following information:

· Your name, physical address, e-mail address and phone number;

· A description of the Content, Submission, or other material posted on the Website that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;

· Identification of the location of the material on the Website;

· If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;

· If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;

· A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,

· Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in DELBARTON’S sole discretion, DELBARTON will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

© 2013 DELBARTON. All rights reserved.

PRIVACY POLICY:

Effective Date: August 1, 2013

This Privacy Policy applies to both personal and non-personal information which the Delbarton School (“DELBARTON”) may collect and use depending on how you choose to interact with websites which are owned or operated by DELBARTON, including without limitation www.delbarton.org, as well as any other website owned or operated by DELBARTON currently or in the future and any and all website-related services and platforms (collectively the “Website”). The purpose of this Privacy Policy is to enable you to determine the manner in which such information is collected, used, stored, and disclosed by DELBARTON.

Please also refer to the Mandatory Terms of Use, which are expressly incorporated as if fully recited herein, if you have not already done so. Unless otherwise defined herein, all terms have the meanings they are assigned in the Mandatory Terms of Use.

COLLECTION OF INFORMATION:

DELBARTON does not collect any information unless you provide such information to DELBARTON. Generally, the functionality of the Website, excluding the Restricted Platforms, is such that it may be accessed and browsed for informational purposes without providing any information to DELBARTON. DELBARTON collects certain information received by you pursuant to the policies outlined below.

Personal Information:

DELBARTON does not collect any personal information about you unless you voluntary submit such information in order to access or utilize a certain feature of the Website. For example, DELBARTON may collect personal information when you choose to utilize certain features on the website including, without limitation, accessing links found under the “Contact Us” tab, communicating with us by phone or e-mail, engaging in the registration process to create a personal user profile on the Alumni Portal, logging into WaveNet or other Restricted Platform, making a donation to DELBARTON via the Online Fund, or submitting an application for admission to DELBARTON online.

When interacting with the Website in such a manner, you may supply certain data capable of personally identifying you, including without limitation, your name, telephone number, mailing address, email address or other online contact information, credit card or other financial information, date of birth, and other similarly identifying information (“Personal Information”). Any such Personal Information will be used, stored, and disclosed only as permitted by this Privacy Policy.

Non-Personal Information:

DELBARTON may collect other, non-personal information about your activity on and interactions with this Website based on your voluntary submission of such information via posting it to the Website. DELBARTON is under no obligation to you or any third party with respect to maintaining the confidentiality of any such Submission.


USE:

Non-personal information may be used by DELBARTON for any purpose. If you submit Personal Information to the Website, the information will be used for the purpose you requested, for which it is collected, or for any purpose you subsequently authorize. Submission of Personal Information allows DELBARTON to administer certain programs and services in which you choose to participate, fulfill requests made by you concerning admission, donations, or general inquiries, and enables DELBARTON to provide you with access to certain features of the Website maintained exclusively for students or alumni, and not the general public. The collection of Personal Information also allows DELBARTON to communicate with you regarding the provision of such programs and services, as well as other news concerning DELBARTON. You agree that DELBARTON may contact You by phone, fax, mail or electronic means. You may opt out of such communications at any time.

STORAGE:

Personal Information provided by you to DELBARTON may be stored and maintained by DELBARTON. DELBARTON employs commercially reasonable measures, including industry-standard encryption, to secure such information. However, credit card information you provide in connection with your use of the Online Fund is never stored by DELBARTON. While DELBARTON engages in technological efforts to maintain the security of your data, you should not assume that DELBARTON is able to safeguard your Personal Information at all times and in all circumstances.

DISCLOSURE:

Non-personal information may be disclosed by DELBARTON for any purpose. DELBARTON may share Personal Information with third parties to fulfill your request, to comply with our obligations under any applicable laws or regulations, or to provide other services that may be of interest to you. DELBARTON may also use such information to provide you with additional information in the future that it deems may be of interest to you. In addition, DELBARTON may share information with trusted third party service providers to help us fulfill your request, facilitate the processing of donations, perform statistical analysis, send you email or postal mail, contact you by phone or fax, respond to requests made by you, or to provide other services to DELBARTON or Website users. Such third parties have access to the Personal Information required to perform the desired function and are prohibited from using such information for other purposes.

When you make a financial contribution to DELBARTON via the Online Fund, the credit card and any other financial information provided by you is used solely for the purpose of immediately processing your donation. Online contributions to DELBARTON are processed by Blackbaud, a third-party service provider, whose terms regarding use, storage and disclosure you should familiarize yourself with prior to making a donation. DELBARTON does not retain a copy of your credit card information.

Furthermore, DELBARTON may disclose any Personal Information or non-personal information collected to the extent it reasonably believes that such disclosure is necessary to comply with the law, such as in response to any subpoena, to enforce our Mandatory Terms of Use, to the extent reasonably necessary to establish or defend a legal claim, and for other purposes permitted by applicable law. Additionally, any such information may be transferred to a third party in the event of a sale, acquisition, merger or bankruptcy involving DELBARTON or any subsidiary or section thereof.

If you do not wish for DELBARTON to disclose your information in accordance with this policy, please do not submit any Personal Information to DELBARTON. If you believe special circumstances warrant special treatment of your Personal Information, please do not hesitate to contact us.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT:

Although DELBARTON is a 501(c) Charitable Non-Profit Organization exempt from the requirements of the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), DELBARTON is committed to the protection of the online privacy of individuals under the age of 13 (“Children”) as well as parental control over information collected from Children online.

Access to certain portions of the Website, including without limitation the WaveNet platform, is restricted to current and former students, faculty, and staff of DELBARTON (the “Restricted Platforms”) solely for the benefit of these individuals and the DELBARTON community and not for any commercial purpose. Access to the Restricted Platforms is conditioned upon a user entering a DELBARTON-issued username and determining a password. The Restricted Platforms are internally hosted by DELBARTON, and the username and password provided to gain access thereto are used by DELBARTON solely to authenticate the user for internal operating purposes. Username and password information is not disclosed or otherwise made accessible to any third party entity, or made publicly available. Parents or guardians of users under 13 are encouraged to monitor their child’s use of the Restricted Platforms and any material posted thereon. Should the parent or guardian of an individual accessing the Restricted Platform seek to prohibit further access from same, he or she should not hesitate to contact DELBARTON.

The DELBARTON Website also provides a platform that enables certain users, other than Children, to make a financial contribution to DELBARTON online (the “Online Fund”). DELBARTON does not permit children to make contributions using the Online Fund and therefore does not collect or use the personal information of Children in its operation of the Online Fund.

The personal information of Children is collected by DELBARTON if an application for admission to DELBARTON is submitted online. Such applications may only be submitted by the parents or guardians of children, and the information provided therein is used solely for the purpose of considering the candidate for admission to DELBARTON.

Parents or guardians who are concerned about information possibly submitted to DELBARTON by their Children should contact webmaster@delbarton.org and someone will promptly assist in the removal of such data.

TERRITORIALITY:

Our computer systems are currently based in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY USING THE WEBSITE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION, PROCESSING, AND STORAGE WITHIN THE UNITED STATES OF ANY PERSONAL AND NON-PERSONAL INFORMATION COLLECTED OR OBTAINED BY DELBARTON IN CONNECTION WITH SUCH USE, AND AGREE AND ACKNOWLEDGE THAT UNITED STATES LAW GOVERNS ANY SUCH COLLECTION AND PROCESSING.

UPDATE AND OPT-OUT:

If you would like to update any information you have sent to DELBARTON, or if you do not want to receive information from DELBARTON, please contact us at webmaster@delbarton.org.

DELBARTON will also take reasonable efforts to honor any request you make to forgo contacts with you in the future or delete your information. Please note that if you make an opt-out request, DELBARTON will retain your contact information to make efforts to ensure that you are not contacted in the future. Additionally, if you request DELBARTON to refrain from sharing your information with third parties, DELBARTON may be unable to fulfill various requests you may make.

By sharing with us your fax and email information, you consent to our delivery of faxes and emails to you from time to time.

To the extent required by the CAN-SPAM Act, or other similar domestic and international regulation, commercial e-mail messages will also provide you with an opportunity to opt-out of receiving this information. Please note that changes to your preferences may not be effective immediately.

REVISIONS TO THE PRIVACY POLICY:

The Internet and the benefits it offers are evolving rapidly, as are the ways in which people use the Internet and the laws surrounding such use. DELBARTON therefore reserves the right to update and revise this Privacy Policy at any time. You can determine if this Privacy Policy has been revised since your last visit by referring to the “Effective Date” at the top of this page. Your use of the Website after a modification constitutes your acceptance of the terms of the Privacy Policy as amended or revised by us, and you should therefore review this Privacy Policy regularly to ensure that you are aware of its terms.

CALIFORNIA PRIVACY RIGHTS:

Beginning on January 1, 2005, California Civil Code Section 1798.83, also known as S.B. 27, or the Shine the Light law, allows California residents to request certain information regarding our disclosures in the prior calendar year, if any, of their personally identifiable information to third parties for their own direct marketing purposes. To make such a request, please contact us at webmaster@delbarton.org with “Request for California Privacy” in the letter subject line. You must include sufficient detail for us to locate your file; at a minimum, your name and postal address.

We will attempt to provide you with the requested information within thirty (30) days of receipt. We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that the California Shine the Light law does not cover all information sharing. Our disclosure only includes information covered by the law.

© 2013 DELBARTON. All rights reserved.

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