Terms of Use

PLEASE CAREFULLY READ ALL OF THE FOLLOWING, as it directs your use of the MyWayfinder Website (the “Website” or the “Site”) an integrated data hub (“Services”) provided by Systems Integration of Monroe County, LLC (d/b/a “TogetherNow”), a New York not-for-profit corporation (“TogetherNow”, “us,” “our,” or “we”). Before registering or using the Services, please carefully review the terms and conditions provided here and our Privacy Policy located at https://my-wayfinder.org/privacy-policy, which are collectively referred to as the “Terms of Use.”

BY USING AND ACCESSING THE SERVICES, OR ACCESSING ANY CONTENT OR MATERIAL AVAILABLE THROUGH THE SERVICES ("CONTENT"), YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, WE DO NOT AUTHORIZE YOU TO USE THE SERVICES.

THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER. DEPENDING ON THE JURISDICTION, THAT SECTION MAY NOT APPLY.

THIS SITE SHOULD NOT BE USED FOR EMERGENCY OR URGENT MATTERS. FOR ALL EMERGENCY OR URGENT MEDICAL MATTERS, PLEASE CALL 911.

We may modify or update these Terms of Use from time to time without previous notice to you. By agreeing to the Terms of Use, you agree to follow all modifications and updates. We may also modify, add to, delete, and/or stop any or all parts of the Services without previous notice. When we make large changes to these Terms of Use, we will provide you with notice as needed. Your continued use of the Services will count as your acceptance of the changes.

To use the Services or access any Content, you need to be at least 13 years old and reside in the United States. By using the Services, you represent and warrant that you meet all of the foregoing eligibility rules. If you are agreeing to our Terms of Use on behalf of an organization, you automatically confirm that you have the right, power, and authority by the organization to enter into these Terms of Use. If you do not meet all of these requirements, you may not access or use the Services.

1. Except for User Content (defined below), any Content provided by or accessed through the Services, and all copyrights, trademarks, service marks, patents, and other intellectual property rights are the property of TogetherNow or our licensors. All rights not expressly mentioned here are assumed.
2. We grant you a limited, non-exclusive, revocable permission to make personal use of the Services and Content (collectively, the “License”). The License will remain in effect until your use of the Services is ended. You may not use the Services and/or Content for anything other than your personal use, and you may not share or transfer the Services or Content.
3. By using the Services, you understand that you will be exposed to content provided by a variety of sources and you agree that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of all of the content. You also understand that in your use of the Services, you may be exposed to content that you find inaccurate, offensive, indecent, or objectionable, and you hereby waive all rights and remedies against us for any such content.

1. We may allow users to input content to the Services ("User Content").

2. Under no circumstance will we be held responsible for any errors or omissions in any User Content.

3. We may, but are not obligated to, review, delete or remove any of the User Content, without previous notice, for any reason, including but not limited to, if the User Content violates the Terms of Use.

4. The Site is intended to provide a community resource which helps break down barriers between health, education and human services. When using our Site, we may collect data for the betterment of the community and as described in our Privacy Policy. To that end, by submitting User Content and any other data and information that is compiled or passes through the Services that specifically relates to you (“User Information”), you grant TogetherNow the perpetual, non-exclusive, royalty-free, transferable, and fully sublicensable right and license to process the User Information in a manner necessary to provide the Services, and in a blind, aggregated or de-identified manner use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Information (in whole or part, including modified or adaptive versions) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership, including, but not limited to, using such User Information for data benchmarking, sharing, warehousing, resource utilization and similar data analysis services.

5. You are responsible for any User Content that you provide to us. You will not provide any false information to TogetherNow when you use the Services. You represent and confirm that you have all rights necessary to disclose and submit such User Content. You also confirm that the User Content you submit does not violate the rights of any third party, including without limitation any proprietary or privacy rights, these Terms of Use, or any applicable laws, regulations, or statutes.

6. We do not endorse User Content and reject all liability associated with such User Content.

7. You acknowledge and agree that we may access, keep, and share the User Content if required to do so by law or in a good faith belief that it is needed to (i) comply with legal process; or (ii) enforce the Terms of Use.

1. You are required to register with TogetherNow to use certain portions of the Services. You may never use another person's account or registration information without their permission. If we disable your account in connection with the Services, you will not create another account without our permission.

2. When you register, you may be required to provide personal information that may be used to identify you including, but not limited to, your name, email address, date of birth, or other personally identifiable information. You are responsible for the activity that occurs on your account or under your registration, and you must keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your account or under your registration. We are not liable for your losses caused by someone using your account or registration information without your permission, but you may be liable for the losses of TogetherNow or others due to such unauthorized use.

3. To the extent any conflicts exist between these Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

4. You agree: (i) that any information you provide to us will be accurate, correct, and current and that if you change or deactivate any of your telephone numbers, email accounts or mailing addresses listed under your account, you agree to update your account immediately; (ii) to use the Services only for purposes that are allowed by the Terms of Use and any related law, regulation, statute, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries); and (iii) that you are responsible (and that we have no responsibility to you or any third-party for) for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which we may suffer) of any breach.

We allow you to use the Services subject to these Terms of Use, provided that you do not engage in any of the following activities:

1. Copy, redistribute, reproduce, record, transfer, perform or display to the public, broadcast, or make available to the public any part of the Services or the Content or otherwise make any use of the Services or Content which is not expressly allowed under these Terms of Use or related law or which otherwise infringes the intellectual property rights (such as copyright) in the Services or the Content or any part of it;

2. Remove or change any copyright, trademark, or other intellectual property notices contained on the Content or the Services or provided through the Services;

3. Gain or attempt to gain unauthorized access to the Services, Content, or computer systems and networks connected to the Website;

4. Upload, post, email, transmit, or otherwise make available any User Content that is unlawful, violent, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortious, indecent, pornographic, libelous, invasive of another's privacy, or otherwise offensive;

5. Cause harm to others, and specifically, legal minors;

6. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with another user, person, or entity;

7. Collect and store personal data about other users, "cyberstalk" or harass another user or engage in conduct that negatively affects the online experience of another;

8. Upload, post, email, transmit, or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

9. Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;

10. Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, or any other harmful or deleterious software programs;

11. Duplicate, modify, rent, lease, loan, sell, trade, resell, or create copies based on the Content or User Content for any purpose;

12. Reverse engineer, decompile, disassemble, modify or create works based on the Services;

13. Intentionally or unintentionally violate any applicable local, state, national, or international law;

14. Attempt to take any action that we feel imposes or may impose an unreasonable or excessively large load or burden on the Services or the infrastructure of the Services;

15. Interfere with the operation of the Services or other computers or internet or network connections;

16. Attempt to circumvent, disable, or otherwise interfere with security-related features of the Service or features that restrict or prevent use or copying of Content;

17. Attempt to avoid any territorial restrictions applied by TogetherNow or our licensors.

18. You understand that use of the Services is subject to usage rules set by TogetherNow. We may decide to terminate your account and/or your access to use the Services for any reason, including violations of the Terms of Use. You may not attempt to override or avoid any of the usage rules.

Any Content available on or through the Services is for informational and educational purposes only and is not a substitute for the professional judgment of a healthcare provider. Your use of the Services and/or any information or Content that is provided on or through the Services is not intended to and will not create any healthcare provider/patient relationship between you and TogetherNow or its affiliates. We assume no responsibility for how you use the information you obtain from this Site. TogetherNow does not guarantee that communications between you and service providers will occur in real-time. You should consult with a physician or other healthcare provider regarding your own conditions and how this Site and its Content may or may not apply to you. Neither this Site nor any other application available through the Site is a substitute for appropriate and timely contact with your healthcare provider.

The Services may involve access to, and the processing of, individually identifiable health information that is protected by HIPAA (“Protected Health Information” or “PHI”) that is provided to TogetherNow or its affiliates pursuant to a Provider Agreement (defined below) that we have entered with our Providers (defined below). With respect to its operation of the Services, and to the extent required by (1) the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations promulgated thereunder (“HIPAA”), (2) the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and its implementing regulations promulgated thereunder, and (3) any applicable laws governing the collection, use, storage, and disclosure of information that can reasonably be used to identify an individual (collectively, the “Privacy Laws”), we will, subject to the Provider Agreements, comply with the Privacy Laws applicable to business associates and maintain the confidentiality of any PHI transmitted or made available through the functionality of the Services. If you are a patient of a Provider, our use of PHI is governed by HIPAA and other applicable laws and the Provider Agreements with your Provider. Providers who collect, store, use, disclose, or retain biometric data in connection with their use of the Services shall be responsible for obtaining required consents and satisfying any other requirements of applicable laws with respect to collection, storage, usage, disclosure, and retention of such information. When you use the Services to upload, transmit, or receive PHI, you agree that, to the extent applicable, you shall comply with all applicable laws. You represent and warrant that you will, at all times, comply with all directly or indirectly applicable laws that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of PHI. You agree that we, and all other persons or entities involved in the operation of the Services, have the right to monitor, retrieve, store, review, and use PHI, if applicable, in connection with the transmission of any PHI. If you are a health care provider or are accessing the Services on behalf of a provider (“Provider”), you or the Provider may have signed a service agreement, business associate agreement, or other document with terms and conditions for the Services (“Provider Agreement”). Where these Terms of Use and the Provider Agreements conflict, the Provider Agreements shall control. The requirements of this Section will survive the termination of your use of the Services.

If you use our Services to login, access or use any third party websites, platforms, or services (“Third Party Sites”), your access to and use of such Third Party Sites will also be governed by the Third Party Site’s terms of use, privacy policy, and any other agreements or terms, which are solely between you and the Third Party Site provider. You acknowledge and agree that TogetherNow is not responsible for any Third Party Sites, including their content, features, functionality, accuracy, completeness, timeliness, validity, legal compliance, performance, security, operations, decency, quality, or any other aspect thereof. TogetherNow does not assume and will not have any liability or responsibility to you or any other person or entity related to any Third-Party Sites. Your access and use of any Third Party Sites is entirely at your own risk.

We may, from time to time in our sole discretion, develop and provide updates to our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify (or delete in their entirety) certain features and functionality of our Services. You agree that TogetherNow has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

You agree that absent a written agreement to the contrary, we may under any circumstances and without previous notice temporarily or indefinitely suspend you from use of any of the Services. You acknowledge and agree that all of the legal rights, obligations, and liabilities that you and TogetherNow have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of the Terms of Use that by their nature would survive its termination shall survive indefinitely.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE ARE NOT RESPONSIBLE FOR THE UNAVAILABILITY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SPECIFICALLY, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THAT THE QUALITY, OPERATION, OR FUNCTIONALITY OF ANY OF THE SERVICES PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS.

WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN THE APPLICABLE JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOGETHERNOW AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS DUE TO BUSINESS INTERRUPTION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS.

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(1) ANY CHANGES THAT WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES).
(2) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
(3) YOUR FAILURE TO PROVIDE US WITH ACCURATE PERSONAL INFORMATION OR TO COMPLY WITH THE TERMS OF USE.
(4) YOUR ABILITY TO ACCESS, OR THE AVAILABILITY OF, EXTERNAL WEBSITES OR RESOURCES (WITH HYPERLINKS ON THE WEBSITE), OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT OR OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES, CONTENT, OR RESOURCES.
(5) OR ANY VIRUSES, TROJAN HORSES, MALWARE, TIME BOMBS, CANCELBOTS, OR ANY OTHER HARMFUL OR DELETERIOUS SOFTWARE PROGRAMS ENCOUNTERED BY YOUR USE OF THE SERVICES.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

You shall protect, defend, and hold harmless TogetherNow (and its officers, directors, members managers, agents, and employees), and its affiliates, from any costs, expenses, claims, damages, losses, liabilities, and demands, including reasonable attorneys' fees, arising out of your use of and access to the Services, breach or violation of the Terms of Use, or your violation of any law or the rights of any third-party.

We respect the intellectual property rights of others and we ask you to do the same. If you are a copyright owner or representative and believe that any of the Content, the User Content, or other content or material on any of the Website infringes upon your copyrights, you may contact us directly, following the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):

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

Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Website;

Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;

A statement that the owner or agent has 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 the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for receiving notifications of claimed infringement is:
TogetherNow
Innovation Square
100 S Clinton Ave, Suite 250
Rochester, NY 14604
Attention: Laura Gustin, President

Following the DMCA and other related laws, we have adopted a policy of terminating users who are frequently don’t follow the rules. We may also limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, no matter whether there is any repeat infringement.

Waiver. No waiver of a breach of any term of the Terms of Use by us will be effective unless in writing and duly executed by TogetherNow. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of the Terms of Use. No failure on the part of TogetherNow to exercise, and no delay in exercising, any of our rights included in this document will operate as a waiver, nor will any single or partial exercise by TogetherNow of any right preclude any other or future use or the exercise of any other right. No course of dealing between the parties will be able to modify, amend, or release any part of the Terms of Use or the rights or requirements of any party in this document.

Entire Agreement. Except for the Privacy Policy, the Terms of Use contain the entire understanding of your use of the Services and replaces any previous agreements or understandings among you and TogetherNow. There are no representations, warranties, or obligations of any party not mentioned in these documents.
No Third-Party Beneficiaries; No Relationship. Except as otherwise mentioned here, there are no third-party beneficiaries to the Terms of Use. You agree that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms of Use.
Assignment. You may not assign your rights under these Terms of Use, but we may assign our rights under these Terms of Use without limits.
Governing Law and Dispute Resolution. All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and follow the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Except as contemplated in the arbitration paragraph below, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Rochester and County of Monroe. You waive all objections to the exercise of jurisdiction over you by such courts and venue in such courts.
Arbitration. At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Waiver of Class or Consolidated Actions. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS AND DISPUTES WHICH MAY BE MADE WITHIN THE SCOPE OF THESE TERMS OF USE MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, THE PARTIES ARE EACH WAIVING TO PARTICIPATE IN A CLASS ACTION.
Limitations. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST US ARISING OUT OF YOUR USE OF OR RELATING TO THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Partial Invalidity. If any part of the Terms of Use is held invalid or unenforceable by a competent authority, it will be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular part of the Terms of Use will not affect its other parts and the Terms of Use will be interpreted in all respects as if the invalid or unenforceable part was removed.
Terms of Use Violations. Please report any violations of the Terms of Use to our support staff immediately.
Contact Information. If you have any questions about our Terms of Use, please contact us at contact@togethernowny.org.