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mandatory Terms of use

Last Updated: July 29 , 2026

This website, www.delbarton.org, www.delbartonshop.org, and website-related platforms (such as access to online portals and tools, downloadable content and resources, newsletter and communication services, webinar and event registrations, and account management features) (collectively, the “Website”) related to Delbarton School are owned and operated by Delbarton School Corporation  (“DELBARTON”) . 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 “Last Updated” date specified above. If we make material changes to this Agreement, we will provide you with notice through reasonable means, which may include posting a prominent notice on the Website, sending you an email (if you have provided one), or displaying a banner or pop-up notice upon your next visit to the Website. Please refer to this page periodically for modifications to the Agreement, which are hereby incorporated by reference into this Agreement. Your continued use of the Website after any such modification constitutes your acceptance of the Revised Terms. If you do not agree to any Revised Terms, you must discontinue your use of the Website

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

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 School Corporation, 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.

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 copyright (DMCA) and trademark complaints;
  3. Privacy Policy;
  4. COPPA Statement; and
  5. Mobile Messaging Terms and Conditions

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, non-transferable 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 prohibited from selling, reselling, transferring, licensing or exploiting, for any commercial purposes, or non-personal 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 (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries). 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 (including, without limitation, by using email addresses associated with any of the foregoing); or expressing or implying that DELBARTON endorses any statement you make.

You agree not to use this Website for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

You agree not to use this Website to transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail,” “chain letter,” “spam,” or any other  solicitation.

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 use the Website in any manner that could disable, overburden, damage, 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, logic bomb, or other malicious or harmful code is prohibited. You may not use any robot, spider, crawler, scraper, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, or use any manual process to monitor or copy any of the material on the Website for any other purpose not expressly authorized in this Agreement, without our prior written consent.

You may not use any Content from the Website, or any data or information collected or derived from the Website, to train, develop, improve, or fine-tune any artificial intelligence (AI), machine learning, or generative AI model, algorithm, or system, whether directly or indirectly, without DELBARTON’s prior express written consent.

You may not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. 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.

You may not use, employ, encourage, direct, or solicit the assistance of another person to do the things that you are otherwise prohibited from doing under this Agreement.

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 Shield,” “Delbarton Crest,” the “D” logo, and the “Delbarton Flag”  (collectively the “DELBARTON Registered Trademarks”) are owned by the Order of St. Benedict of New Jersey, Inc. and exclusively licensed to DELBARTON. The following trademarks, in addition to common law trademarks appearing on the Website, are also owned by DELBARTON: “Delbarton School” (the “DELBARTON School Trademarks”).  The DELBARTON Registered Trademarks and the DELBARTON School Trademarks shall collectively be referred to as the “DELBARTON Trademarks.”  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, downloading, storing, creating derivative works of, or any other exploitation of same, including without limitation the use of any Content to train, develop, or improve any artificial intelligence, machine learning, or generative AI model, algorithm, or system, 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. For the avoidance of doubt, personal, non-commercial use does not include the use of any Content to train, develop, or improve any artificial intelligence, machine learning, or generative AI model, algorithm, or system.  Personal use does not mean assisting others in obtaining, using or extracting data, information or other material from the Website.

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, 7 Giralda Farms, Madison, New Jersey 07940, (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, fully paid up, perpetual, universe-wide, 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. Notwithstanding the foregoing, DELBARTON will not use any Submission to train, develop, or improve any third-party artificial intelligence, machine learning, or generative AI model, algorithm, or system without your express written consent.

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 (“Login Information”) prior to gaining access to certain portions of the Website . With respect to those portions of the Website that require the entry of unique login information, this Login Information is valid for your personal, non-commercial 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, or allow any other person to use your credentials. 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 handheld 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.

A.       EMAIL COMMUNICATIONS

You may unsubscribe from DELBARTON marketing email communications by clicking the “unsubscribe” link found in every commercial email we send.  Under normal circumstances, we will honor your opt-out request within ten (10) business days. Unsubscribing from our marketing communications will not affect your receipt of transactional or relationship communications from DELBARTON (such as enrollment confirmations, account updates, and safety or security notices), nor will it affect the level or quality of service we provide to you.

B.       TEXT/SMS MESSAGES

DELBARTON offers you an option to opt in to receive text/SMS messages from DELBARTON. You may opt in to receiving text messages and alerts on the mobile phone number(s) you provide to us. Once you opt in, we may send you text messages: (i) regarding your account; (ii) about school announcements, events, and programs that may be of interest to you; (iii) emergency or safety-related notifications; and (iv) athletics and extracurricular activity updates. By opting in, you consent to receive autodialed or automated text messages at the mobile number you provide, even if your number is registered on any state or federal Do Not Call list. You do not have to opt in to text messages and alerts to use DELBARTON services or to enroll at or attend DELBARTON. If you opt in, standard text messaging charges may apply. Message frequency may vary. You may choose to opt out from our text messages and alerts at any time.

To opt out of receiving text messages, you may reply STOP, QUIT, END, CANCEL, OPT OUT, or UNSUBSCRIBE to any text message you receive from us. You may also opt out by emailing webmaster@delbarton.org or by calling 973-538-3231. Under normal circumstances, we will honor your opt-out request within ten (10) business days. You should receive a one-time confirmation text that you have been opted out. Please note that opting out of marketing text messages will not affect your receipt of emergency or safety-related notifications, which may continue as permitted by law.

Text messages will only be sent between the hours of 8:00 a.m. and 9:00 p.m. in your local time zone, except for emergency or safety-related notifications. For more information regarding our text messaging program, or to request assistance with opting out, please contact us at webmaster@delbarton.org or 973-538-3231.

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:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORDER OF ST. BENEDICT OF NEW JERSEY, SAINT MARY’S ABBEY, DELBARTON SCHOOL CORPORATION, THEIR PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, CONTRACTORS, 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, EXCEPT TO THE EXTENT CAUSED BY DELBARTON’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.

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, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, EXCEPT FOR DAMAGES CAUSED BY DELBARTON’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. NOTHING IN THIS AGREEMENT SHALL LIMIT LIABILITY FOR PERSONAL INJURY OR OTHER CLAIMS THAT CANNOT BE LIMITED BY LAW. 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 parents, subsidiaries, and affiliated companies, and their directors, officers, trustees, employees, contractors, representatives, agents, attorneys or suppliers, 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 Delbarton School Corporation, The Order of St. Benedict of New Jersey, Inc., Saint Mary’s Abbey, their parents, subsidiaries and affiliates, and their directors, officers, trustees, employees, contractors, 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 acts taken under your direction that violate this Agreement;
  • 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 or controlled by DELBARTON 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. You further agree that you are representing that you are visiting the Website within the United States or as a U.S. resident.

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 collection 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 children under the age of 13 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 other or future violations committed by you or any other user.

XIX. CONTACT INFORMATION:

This Website is operated by The Delbarton School Corporation, 230 Mendham Road, Morristown, NJ 07960. Any questions or concerns should be sent to the above address or emailed to us at webmaster@delbarton.org.


© 2026 Delbarton School Corporation. All rights reserved.

 

COPYRIGHT POLICY:

Delbarton School (“DELBARTON”) respects the intellectual property rights of others and expects members of its community, including students, faculty, staff, and website visitors, to do the same. This Copyright Policy describes the procedures by which copyright owners may report alleged infringement of their works on or through the DELBARTON website (www.delbarton.org) and website-related platforms (collectively, the “Website”), in accordance with the Digital Millennium Copyright Act (17 U.S.C.A. § 512) (“DMCA”).

As used in this policy, “content” refers to any text, images, audio, software, files, or other material posted on, uploaded to, or otherwise made available through the Website.

Filing a DMCA Takedown Notice

If you believe in good faith that any content posted on or otherwise provided in connection with the Website infringes a copyright that you own or are authorized to enforce,  you may submit a written notification to DELBARTON’s designated DMCA Copyright Agent at the information provided below. To be effective under 17 U.S.C. § 512(c)(3), your notification must be a written communication that includes the following:

  1. A physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, with information reasonably sufficient to permit DELBARTON to locate the material (e.g., the URL or specific webpage where the material appears);
  4. Information reasonably sufficient to permit DELBARTON to contact you, such as your name, mailing address, telephone number, and email address;
  5. 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,
  6. 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.

Please be advised that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed and disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys’ fees.

You acknowledge that if your notification fails to comply substantially with the foregoing requirements, it may not be valid or actionable, and DELBARTON may not be able to act on your complaint.

Upon receipt of a notification that substantially complies with the requirements of 17 U.S.C. § 512(c)(3), DELBARTON will act expeditiously to remove or disable access to the allegedly infringing material. DELBARTON will also take reasonable steps to notify the individual responsible for the content that was removed or disabled, if applicable.

Designated DMCA Copyright Agent

To submit a DMCA takedown notice or to direct any questions regarding this procedure,  please contact DELBARTON’s designated DMCA Copyright Agent:

Kurt W. Krauss
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
7 Giralda Farms
Madison, NJ 07940
Kurt.Krauss@wilsonelser.com
(973) 624-0800

Please also send a copy of said notice to:

DELBARTON SCHOOL

Attn: Jared Lowy, Webmaster
230 Mendham Road
Morristown, New Jersey 07960
webmaster@delbarton.org

Counter-Notification Procedure

If you believe that content you posted on the Website was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to the designated DMCA Copyright Agent identified above. To be effective under 17 U.S.C. § 512(g)(3), your counter-notification must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled (e.g., the URL where the material previously appeared).
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which DELBARTON may be found), and that you will accept service of process from the person who provided the original takedown notification or an agent of such person.

Upon receipt of a valid counter-notification, DELBARTON will promptly forward a copy to the party who submitted the original takedown notice. If the original complainant does not file a court action seeking a restraining order against the content provider within ten (10) business days of receiving the counter-notification, DELBARTON will restore the removed material or re-enable access to it within ten (10) to fourteen (14) business days after receipt of the counter-notification, in accordance with 17 U.S.C. § 512(g)(2)(B)-(C).

Repeat Infringer Policy

In accordance with 17 U.S.C. § 512(i)(1)(A), DELBARTON has adopted and reasonably implements a policy that provides for the termination, in appropriate circumstances, of the accounts or access privileges of users of the Website who are repeat infringers of copyright. DELBARTON reserves the right, in its sole discretion, to terminate or restrict any user's access to the Website if the user is determined to have repeatedly infringed the copyrights of others.

Fair Use and Educational Use

DELBARTON is an educational institution, and we recognize that faculty, students, and staff may use copyrighted materials in accordance with the fair use doctrine for purposes such as teaching, scholarship, research, criticism, comment, and news reporting. Users of the Website are encouraged to consider whether their use of copyrighted material qualifies as fair use before submitting a takedown notice or counter-notification.

Modifications to This Policy

DELBARTON reserves the right to modify this Copyright Policy at any time. If we make material changes to this policy, we will provide notice through reasonable means, which may include posting a prominent notice on the Website or updating the “Last Updated” date above. Any changes will be effective upon posting of the revised policy on the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.

© 2026 Delbarton School Corporation. All rights reserved.

 

COMPLAINT POLICY:

(INCLUDING TRADEMARK,PRIVACY, AND OTHER NON-COPYRIGHT COMPLAINTS)

Delbarton School (“DELBARTON”) is committed to maintaining a website (including www.delbarton.org and other website-related platforms) (collectively, the “Website”) that respects the rights of others and complies with applicable law. This Complaint Policy describes the procedures by which individuals may report content on the Website that they believe infringes their trademark rights, violates their privacy, or is otherwise unlawful (excluding claims of copyright infringement, which are governed by DELBARTON’s separate Copyright Policy).

As used in this policy, “content” refers to any text, images, video, audio, or other material posted on, uploaded to, or otherwise made available through the Website by any person.

Scope of This Policy

This policy applies to complaints regarding content on the Website that a complainant believes, in good faith:

  • Infringes or dilutes a trademark, service mark, or trade dress in which the complainant holds rights;
  • Violates the complainant's privacy or publicity rights, including the unauthorized use of a person's name, image, likeness, or personal information;
  • Violates the privacy or rights of a minor, including the unauthorized posting of images or identifying information of students;
  • Is defamatory, fraudulent, or otherwise unlawful under applicable law; or
  • Violates any other non-copyright legal right of the complainant or another person.

For complaints involving alleged copyright infringement, please refer to DELBARTON's Copyright Policy above, which sets forth the procedures required under the Digital Millennium Copyright Act, 17 U.S.C. § 512.

How to Submit a Complaint

To submit a complaint under this policy, please send a written notice by email to DELBARTON’s Webmaster at webmaster@delbarton.org, with a copy to outside counsel at Kurt.Krauss@wilsonelser.com, containing the following information:

  1. Your full name, mailing address, email address, and telephone number.
  2. A clear description of the content on the Website that you believe violates your rights or is otherwise unlawful, including a specific explanation of which portions of the material you believe should be removed or remedied.
  3. The location of the material on the Website (e.g., the URL or specific webpage where the content appears), with sufficient detail to allow DELBARTON to locate it.
  4. The legal or factual basis for your complaint, including:
  • For trademark complaints: identification of the trademark at issue, the registration number (if registered), the jurisdiction of registration, and an explanation of how the Website content creates a likelihood of confusion or otherwise infringes or dilutes your mark.
  • For privacy complaints: an explanation of the nature of the privacy violation, including identification of the personal information, image, or likeness at issue and the basis on which you claim the right to control its use.
  • For other complaints: a clear statement of the legal right you believe has been violated and the factual basis for that belief.
  1. If available, supporting documentation (e.g., trademark registration certificates, screenshots, correspondence, or other evidence relevant to your claim).
  2. A statement that you have a good faith belief that the content you have identified is not authorized by the rights holder, its agent, or the law, and that the information you have provided is accurate to the best of your knowledge.
  3. Your physical or electronic signature.

Please be advised that submitting a complaint that you know to be false or misleading may expose you to liability, including for defamation, tortious interference, or abuse of process. DELBARTON reserves the right to disclose complaint submissions to affected parties and to take appropriate action against complainants who submit knowingly false or bad-faith complaints.

DELBARTON’s Review Process

Upon receipt of a notice that substantially complies with the requirements above, DELBARTON will:

  • Acknowledge receipt of your complaint within a reasonable timeframe;
  • Review the complaint and, if necessary, consult with legal counsel; and
  • Determine, in its sole discretion, what action, if any, is appropriate.

Possible outcomes may include, without limitation: removal of the identified content, modification of the content, a request to the complainant for additional information, or a determination that no action is warranted. DELBARTON is under no obligation to remove or modify any content in response to a complaint and retains full editorial discretion over all material on its Website.

DELBARTON reserves the right to decline to act on any complaint that it determines, in its sole discretion, is incomplete, frivolous, unfounded, or submitted in bad faith.

DELBARTON may not actively moderate the content on its Website and nothing shall be deemed admitted or accepted by its mere presence on the Website.

Disclosure and Confidentiality

DELBARTON will handle complaint submissions with appropriate care. However, in the course of investigating or resolving a complaint, DELBARTON may disclose information contained in your submission to the following parties:

  • The individual or party responsible for posting the content that is the subject of your complaint;
  • DELBARTON’s legal counsel or other advisors;
  • Law enforcement, regulatory authorities, or other third parties, if required by law or if DELBARTON determines in good faith that disclosure is necessary to protect the rights, safety, or property of DELBARTON, its community members, or others.

By submitting a complaint under this policy, you acknowledge that disclosure to one or more of the parties described above may be necessary to investigate and resolve the matter. If your complaint involves sensitive personal information or the privacy of a minor, please indicate this in your submission so that DELBARTON may take additional care in handling the matter.

Reservation of Rights

Nothing in this policy creates any obligation on the part of DELBARTON to monitor, review, moderate or screen content on the Website, nor does it create any enforceable right in any third party. DELBARTON reserves all rights with respect to the operation and content of its Website, and the submission of a complaint does not create any legal obligation to take action or respond in any particular manner.

Modifications to This Policy

DELBARTON reserves the right to modify this Complaint Policy at any time. If we make material changes to this policy, we will provide notice through reasonable means, which may include posting a prominent notice on the Website or updating the “Last Updated” date above. Any changes will be effective upon posting of the revised policy on the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes.

© 2026 Delbarton School Corporation. All rights reserved.