Effective Date: October 2017
1. Acceptance of Agreement
By accessing the Site, viewing the information that is available (“Content”), using the products and services offered (“Services”) , or accepting the Terms electronically, you (“User”, “You”, “Your”) agree to be subject to and bound by these Terms, including as the may be amended from time to time. If you do not agree to these Terms, please do not use the Site or any of its Services.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration forms for the Site or its Services (such information being your “Client Data”) and (b) maintain and promptly update the Client Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Y has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Y has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) for any reason or no reason.
2. Description of Services
The Site provides users with information about the Services offered by The Y. The Site is operated by The Y, and may also include certain Services offered by an authorized third party from time to time.
3. Modifications to Services
The Y reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that The Y will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services at any time.
4. Services, Rates and Fees
The Y reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time to the Services descriptions, rates or fees without prior notice. The Y endeavors to provide Content on the Site that is current and accurate, however, errors and misprints may occur. The Y reserves the right to reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where The Y displayed erroneous or inaccurate information. The Y reserves this right at any stage of processing an order, including after an order has been submitted, to reject, correct, cancel or terminate an order. The Y is not obligated to sell Services based on errors or misprints on the Site.
6. Authorized use of Materials on Website
All information and material and content published or accessible through the Site is protected by copyright, trademark and other intellectual property and proprietary rights and laws. All such Content is under copyright of The Y, except where indicated otherwise. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content on the Site are trade names or trade-marks owned by The Y or third parties, and may not be used without permission. You may not modify, copy, distribute, transmit, display, perform, reproduce or use for commercial purposes any information or services obtained from the Site without proper authority from The Y, except as expressly stated above.
7. Posting Content
When interacting with The Y via this Internet Site, you agree to provide true and accurate information. Further, you understand that providing confidential information via email or public discussion boards on this, or any other Web site is an unsafe practice. You understand that you are solely responsible for the content you transmit over the internet using this Internet Site provided by The Y.
8. DMCA Copyright Policy
The Y has adopted the following policy towards copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (“DMCA”). The address of The Y’s designated agent for copyright takedown notices (“Designated Agent”) is listed below.
Reporting Instances of Copyright Infringement:
If you believe that certain content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the work and material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that The Y is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the person who submitted the allegedly infringing content (“Contributor”). After removing material pursuant to a valid DMCA notice, The Y will immediately notify the Contributor responsible for the allegedly infringing material that it has removed or disabled access to the material. The Y will terminate, under appropriate circumstances, the account of a Contributor who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Contributor for actual or apparent copyright infringement,
Please send any notice of copyright infringement to: email@example.com
The Y and its employees, agents, affiliates, partners and suppliers provide all Content and Services available through the Site “AS IS”, without warranties, representations and conditions of any kind, whether express or implied. The Y makes no representation, warranty or guarantee of the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Site, the Services, or of any Content. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES REGARDING THE SITE, THE CONTENT, AND THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE Y.
10. Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall The Y, nor any of its directors, officers, partners, associates, employees, agents, successors, assigns, affiliates, or service providers will be liable to you or any other Site user or any third party for any damages of any kind, including without limitation, loss of profits or other economic loss, or for any direct, indirect, exemplary, incidental, punitive, special or consequential damages, even if advised of the possibility of such damages, arising out of the posting or non-posting of documents and information, the design, functionality or use of the Site, the reliance on any statement or advice from any other user of the Site, or inability to gain access to or use the Site or any part thereof or to any documents and information, or out of any breach of any warranty, express or implied.
You agree to indemnify and hold The Y, its affiliates, partners, attorneys, staff, and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any costs or damages or any kind, including reasonable attorneys’ fees and expenses, arising from a claim or demand pertaining to your use of the Content or Services, breach of these Terms, or your violation of any rights of another.
12. Severability of Clauses
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Subheadings used in the Terms are not to be used to construe or interpret the Terms.
13. Entire Agreement
The Terms, and any application Additional Terms or other terms herein incorporated by reference, constitute the entire agreement between you and The Y, and govern your use of the Site, its Content and Services, superseding any prior agreement, whether oral or written. You may be subject to additional and/or different terms and conditions that will apply when you use or purchase certain Services through the Site.
The failure of The Y to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
These Terms are not transferable by you in any way and may not be assigned to any third party without our written consent. The Y may transfer its rights under these Terms to a third party without notice to you.
16. No Third Party Rights
No provision of these Terms provides any person or entity not a party hereto with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
17. Governing Law
This Agreement shall be interpreted and enforced in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof.