Last updated: October 6, 2020
Access to the Site
So long as you comply with these Terms, NYPCC grants you the nonexclusive, revocable right to access to view and interact with the Site on any computing device and to use the features made available to you. The Site is provided to you as-is and solely for informational purposes. The Site is not guaranteed to work on any particular device and may suffer downtime. Particular areas of the Site may prompt you to accept additional terms.
The Site is licensed and not sold or transferred, and NYPCC reserves all rights not expressly granted in these Terms. The Site, its content, text, images, look and feel, branding and all other material are the property of NYPCC and are subject to copyright, trademark and other intellectual property laws. You may not reproduce or keep any portion of the Site unless we consent in writing. You shall not: (1) distribute the Site to others; (2) rent, lease, sell, sublicense or otherwise grant anyone else rights in the Site; (3) attempt to decompile, reverse engineer, disassemble or otherwise derive the source code of the Site; (4) modify the Site or combine its code with any other code; (5) use the Site for harassment, threats, abuse, obscene or offensive uses, spam, deceit, cyberattack, or any other malicious or illegal conduct; (6) use the Site to infringe or violate the rights of anyone else; (7) transmit to us any information you are not authorized to provide.
Links to Other Web Sites
As a convenience to you, our Site may contain links to third-party web sites or services that are not owned or controlled by NYPCC. ALL THIRD PARTY CONTENT MADE AVAILABLE ON OR THROUGH THE SITE IS PROVIDED “AS IS”, WHICH YOU MAY ACCESS SOLELY AT YOUR OWN RISK, AND ILC SHALL HAVE NO LIABILITY TO YOU FROM SUCH ACCESS. NYPCC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You accept all risk of viewing third party content, and we disclaim all responsibility for third party content, including content you may find offensive, indecent or objectionable. You acknowledge and agree that NYPCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination; Disclaimers; No Liability
We reserve the right to change, suspend, disable or terminate your access to the Site at any time for any reason and without notice, with no liability or responsibility to you. You may terminate your obligations hereunder by ceasing all use of the Site and deleting any content you obtained from the Site. Your breach of these Terms automatically terminates this Agreement and may subject you to civil and criminal penalties under applicable law, including copyright infringement.
All use of the Internet carries some risk. NYPCC does not guarantee the confidentiality or security of any communications you have with us over the Internet. NYPCC also does not guarantee that all information on the Site is accurate or up to date, and even if notified, NYPCC is not responsible for any failure to correct any content. THE SITE IS AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”, WITHOUT A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NYPCC DOES *NOT* WARRANT THAT THE SITE WILL MEET YOUR NEEDS. NYPCC SHALL *NOT* BE LIABLE TO YOU OR ANYONE FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, REGARDLESS OF THEORY OR CAUSE OF ACTION (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), OR (2) ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH NYPCC DOES NOT HAVE DIRECT CONTROL. THIS IS TRUE EVEN IF NYPCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NYPCC SHALL HAVE ZERO ($0.00) LIABILITY TO YOU FROM YOUR USE OF THE Site. You agree to indemnify and hold NYPCC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against NYPCC by any third party due to or arising out of or in connection with your use of the Site.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. You agree that all disputes shall be exclusively submitted to courts located in or having jurisdiction over New York County in the state of New York. You agree to waive your right to a jury trial or to join or consolidate your claims against us with any third parties.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
Changes to these Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms fully and to continue using the Site only if you agree to these Terms. If a revision is material, we will use efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
If you have questions about these Terms, please contact us.