NJ4SFAM- Terms

1. Service Description

The NJ4SFAM SMS Service is a New Jersey-based substance use prevention text messaging program designed to educate parents and loved ones on resiliency, prevention and positive parenting. Subscribers can expect to receive alerts and local resources allocated for their area within Essex County by signing up with their zip code.

Please be aware that your use of the NJ4SFAM SMS Service is subject to the following terms and conditions of use (the “Terms of Use”). If you do not agree to these Terms of Use, you are advised not to use the NJ4SFAM SMS Service.

2. Cancellation

You can cancel the SMS service at any time. Just text “STOP” to 27034. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.

3. Assistance

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at contact@toendaddiction.org.

4. Reliability of Service

Carriers are not liable for delayed or undelivered messages.

5. Data Rates

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 to 2 messages approximately once per day. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. Ownership and Operation

The NJ4SFAM texting service and related content belong to Partnership to End Addiction. Partnership to End Addiction may, in its sole discretion, at any time and without prior notice, modify or discontinue the NJ4SFAM Service.

7. Agreement To Be Bound; Changes to the Terms of Use

Your use of the NJ4SFAM Service constitutes your agreement with Partnership to End Addiction to be bound by, and to act in accordance with, these Terms of Use. Partnership to End Addiction reserves the right to modify these Terms of Use or to impose new or additional terms of use at any time and without prior notice (“Modified Terms”). Modified Terms shall be effective immediately and incorporated into these Terms of Use upon the posting of such Modified Terms. Your continued use following the posting of any Modified Terms shall be deemed to conclusively indicate your acceptance of any and all such Modified Terms. Accordingly, you should periodically re-review these Terms.

8. Limited License

You may use the NJ4SFAM SMS Service for non-commercial purposes only. You may use content offered to you via the service, if any, for downloading, for non-commercial use only and subject to the rules that accompany that particular content. You may not use any content in a manner that exceeds the rights granted for your use of that content. You may not download, replicate, retransmit, reproduce, or otherwise use any of the photographic images contained in the NJ4SFAM Service as a stand-alone file. You may not use any data mining software, robots or similar data gathering and extraction tools, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan or otherwise distribute SMS Service content without Partnership to End Addiction’s prior written consent.

9. Interactive Messaging

Messages that you post can be viewed by the Partnership to End Addiction, but the Partnership cannot control, and is not responsible for, the content of those messages, or any information included in those messages, whether posted by you or through someone accessing your account in an unauthorized manner. You further understand that anything posted by you or in your account does not express the views of Partnership to End Addiction. Although Partnership to End Addiction has the right to view any discussions, chats, comments posted via this service, Partnership to End Addiction is under no obligation to do so and assumes no responsibility or liability arising from the content of the NJ4SFAM SMS Service nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the NJ4SFAM SMS Service.

10. Right to Screen, Review, Remove and Refuse Content

In furtherance of the preceding paragraph, Partnership to End Addiction has the right, but not the obligation, in its sole discretion, to pre-screen, review, remove or refuse any user or other content from the NJ4SFAM SMS Service for any reason, including without limitation content posted by you that violates these Terms of Use or is otherwise objectionable or offensive. If you find any content that violates these Terms of Use, please contact us immediately by email at <contact@toendaddiction.org.

11. License to Posted Content

By posting any content to any portion of the NJ4SFAM SMS Service, you hereby (i) grant the Partnership a non-exclusive, perpetual, fully paid-up, irrevocable license to use and make derivative works based upon anonymized data or content provided via the SMS service and (ii) represent, warrant and covenant to Partnership to End Addiction that you possess and will maintain all rights necessary to grant Partnership to End Addiction the foregoing license. For example, the foregoing license gives Partnership to End Addiction the right, so long as consistent with our Privacy Policy, to use questions, comments and postings submitted by you (and any ideas, concepts, know-how, processes and techniques contained therein), provided such questions, comments and postings remain anonymous, in articles, commentaries or other materials both online and offline (or for any other purposes), and no compensation shall be earned, due or payable for any such use.

12. Confidentiality

The Partnership to End Addiction will keep your personal information confidential to the best of its ability as set forth in our Privacy Policy and as permitted by law. While the Partnership to End Addiction can never guarantee full protection against unauthorized access to your account, we make every effort to guard your information using state of the art technology provided by our third-party vendors. The rules and regulations of your carrier are also applicable to anything you transmit to Partnership to End Addiction via the NJ4SFAM SMS Service.

13. Reliance

You and your family may not rely solely upon the information or opinions communicated by Partnership to End Addiction or other users of the NJ4SFAM SMS Service. Information provided does not, and cannot, replace necessary medical consultations with qualified health or medical professionals with the training to meet the individual health or medical needs of you and your family.

14. Third-Party Information

Partnership to End Addiction may provide you with certain third-party information or content on the NJ4SFAM SMS Service. This third-party information or content does not necessarily represent the viewpoint or opinions of Partnership to End Addiction, nor does Partnership to End Addiction take responsibility for the accuracy or reliability of this third-party information or content. Your information will not be shared with third parties for their marketing purposes.

15. Security and Limitations on Access

You are prohibited from violating or attempting to violate the security of the NJ4SFAM SMS Service. Accordingly, you agree that you will not interfere, or attempt to interfere, with the proper working of the NJ4SFAM SMS Service. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Partnership’s information technology infrastructure.

16. Indemnification

You agree to be solely responsible for, and to indemnify and hold harmless the Partnership, its directors, officers, principals, managers, agents, representatives and employees and their respective directors, officers, principals, managers, agents, representatives and employees from, any liabilities, damages, losses, costs, or expenses arising out of or in connection with (i) any breach of these Terms of Use by you or (ii) any message posted by you to the NJ4SFAM SMS Service regardless of the legal theory on which such a claim is based.

17. DISCLAIMER OF WARRANTIES

ALL CONTENT INCLUDED IN OR AVAILABLE VIA THE NJ4SFAM SMS SERVICE IS “AS IS”. SUCH CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PARTNERSHIP TO END ADDICTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PRINCIPALS, MANAGERS, AGENTS AND REPRESENTATIVES DISCLAIM ANY WARRANTIES THAT: (i) THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (ii) THE NJ4SFAM SMS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (iii) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (iv) THE SERVICE OR ITS SERVERS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE NJ4SFAM SMS SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OR ALL OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

18. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PARTNERSHIP TO END ADDICTION, ITS DIRECTORS, OFFICERS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, MANAGERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE NJ4SFAM SMS SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF PARTNERSHIP TO END ADDICTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PARTNERSHIP TO END ADDICTION’S, ITS DIRECTORS’, OFFICERS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ AND THEIR RESPECTIVE OFFICERS’, DIRECTORS’, PRINCIPALS’, EMPLOYEES’, MANAGERS’, AGENTS’ AND REPRESENTATIVES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. Partnership to End Addiction’s Copyright Policy

If you are a copyright owner or an agent thereof and believe that any content posted in the NJ4SFAM SMS Service infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by following the procedures described below. As part of our response, we may remove or disable access to content distributed via the NJ4SFAM SMS Service that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected content so that they may make a counter-notification, also in accordance with the DMCA. Before serving either a notice of infringing material or a counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our obligations under the DMCA and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringement, please provide a notification containing the following details:
• (i) Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (e.g., title, author, URL);
• (ii) Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (e.g., a link to the page that contains the material);
• (iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);
• (iv) A statement that you have a good faith belief that the use of the material identified in (i) above is not authorized by the copyright owner, its agent or the law;
• (v) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
• (vi) Your physical or electronic signature.

You must send this notice by mail, fax or email to:
Emily Feinstein
Executive Vice President
Partnership to End Addiction
711 Third Avenue, 5th Floor
New York, New York 10017-6706
Tel.: (212) 841.5200
Fax: (212) 956.8020
Email: generalcounsel@toendaddiction.org

Counter-Notification

If material that you have posted has been taken down, you may file a counter-notification that contains the following details:
• (i) 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 disabled;
• (ii) 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 in question;
• (iii) Your contact information so that we can contact you (e.g., your address, telephone number, email address);
• (iv) 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 of the U.S.A., for any judicial district in which we may be found, and that you will accept service of process from the person who submitted a notice in compliance with the DMCA as generally described above; and
• (v) Your physical or electronic signature.

20. Choice of Law and Forum; Statute of Limitations

You agree that these Terms of Use and your use of the NJ4SFAM SMS Service shall be governed by the laws in effect in the State of New York, without reference to its conflict of laws principles. Any claim or dispute between you and Partnership to End Addiction that arises in whole or in part from your use of the NJ4SFAM SMS Service shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.

YOU AND PARTNERSHIP TO END ADDICTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE AND/OR YOUR USE OF THE NJ4SFAM SMS SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOU AND PARTNERSHIP TO END ADDICTION AGREE THAT SUCH CAUSE OF ACTION SHALL BE, AND IS, PERMANENTLY BARRED.

21. Waiver

No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term of the Terms of Use, and Partnership to End Addiction’s failure to assert any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

22. Severability and Integration.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Partnership to End Addiction with respect to your use of the NJ4SFAM SMS Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Partnership to End Addiction with respect to your use of the NJ4SFAM SMS Service. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

23. Termination

Your right to use the NJ4SFAM SMS Service automatically terminates if you violate these Terms of Use. Partnership to End Addiction also reserves the right, in its sole discretion and at any time, to terminate these Terms of Use and your access to all or part of the NJ4SFAM SMS Service, for any reason or no reason at all, with or without notice. Upon termination of these Terms of Use, you must cease use of the NJ4SFAM SMS Service and destroy all materials obtained from it, whether made under these Terms of Use or otherwise.

24. Ability to Enter Into This Agreement; Use by Children Under the Age of 13

You affirm that you are not a minor in your state of residence and that you have the legal right to enter into, and be bound by, these Terms of Use. The NJ4SFAM SMS Service is not intended for children under 13 and Partnership to End Addiction does not knowingly collect personally identifiable information about children under 13 through the NJ4SFAM SMS Service.

25. Assignment

These Terms of Use, and any rights and/or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned, licensed or transferred by Partnership to End Addiction without restriction or notice to you.

26. Privacy Policy

If you have any questions regarding privacy, please read our privacy policy: Privacy Policy – Partnership to End Addiction (drugfree.org).

NJ4SFAM Terms of Service