Use of The Website
Accounts and Passwords
When creating an account, you will be required to provide your name, phone number, email address, mailing address and your employer (if applicable). For your protection, when creating an account with the Website, a user name and password will be associated with your account. You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your Website user name and password. It is your sole responsibility to (a) control the dissemination and use of activation codes and passwords; (b) authorize, monitor, and control access to and use of your Website user name and password; and (c) promptly inform the Company of any need to deactivate a user name or password or other unauthorized use of your account. The Company will not be liable for any of your losses caused by any unauthorized use of your account, however, you may be liable for any losses of the Company or others based on such unauthorized use.
The Website may contain message boards, personal member pages or profiles, blogs, forums, bulletin boards and other interactive features (e.g., Member’s Spotlight) (collectively, “Interactive Services”) that allow you to upload, post, submit, publish, display or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. When posting photographs, such photographs must be uploaded in .jpg, .gif, .png or other web ready compressed image format and not exceed a size of 1 MB.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. Although you will continue to retain all ownership rights in any User Contribution, you hereby grant to the Company a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, transferable and sub-licensable right and license to use, copy, modify, create derivative works, include in compilations, create adaptations, distribute, publish, reproduce, and disclose to third parties any such User Contributions for any purpose, including in promotional materials and advertisements in any media format and through any media channel, including via the Website and the Company’s blog or social media (e.g., Facebook) pages.
You represent and warrant that you own or control all rights in and to the User Contributions you post and have the right to grant to the Company, its affiliates and the users of the Website the licenses granted herein.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company or its principals, employees or affiliates. The Company does not endorse any content submitted to the Website by any user or other licensor, or any advice, recommendation, or opinion expressed therein. The Company is not responsible, or liable for the content or accuracy of any materials posted by you or any other user of the Website.
You must not submit or transmit through the Website any material, or otherwise engage in any conduct that:
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- involves or results in reverse-engineering, decompiling, disassembling, or otherwise tampering with any of the components of the Website; or
These “Content Standards” apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from the Company or any other person or entity, if this is not the case.
Monitoring and Enforcement
The Company has the right to:
- Remove or refuse to post any User Contributions for any or no reason in its sole discretion.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS PRINCIPALS, MEMBERS, AFFILIATES AND EMPLOYEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
- The Company, will terminate your Account and/or limit your use of the Website, if the Company determines, under appropriate circumstances, that you are a repeat infringer.
- However, the Company does not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- The Company intends that the Website will be viewed by U.S. persons. This should not be viewed as a solicitation or offer of services in any jurisdiction in which the Company is not qualified to do business. It is provided for informational purposes only.
Disclaimer of Warranties and Limitation of Liability
(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY, ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, FROM OTHERS USING THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE COMPANY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE COMPANY OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATION ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST THE COMPANY AND THE COMPANY INDEMNITIES.
(c) Exclusions and Limitations: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless the Company, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers) (the “Company Indemnities”) from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys’ fees), arising out of or relating to your use of the Website, including any Interactive Services and/or your User Contributions.
Third Party Links
The Website may contain hyperlinks (“Links”) to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services (“Advertising”). Links and Advertising may be made available to assist you, the user. The Company does not control such Links or Advertising. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links or Advertising does not imply any endorsement by the Company, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other websites may also have a hyperlink to this Website; the Company is not, and you agree that the Company is not, responsible for the content of any such website or the actions of any operator of any such website.
Warning Against Hackers
Unfortunately, data transmission over the Internet cannot be guaranteed to be secure nor is any security system completely secure. The Company does not guarantee the security of any information you transmit to the Company or provide online. The Company requests that you do not send, and the Company will not be liable for your sending sensitive or confidential information electronically. It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences.
Limitation on Time to File Claims
Legal Notices and Contact Information
If you intend to carry out legal action of any kind against the Website or the Company, you are required to contact the Company seven (7) business days before any legal claim is made. Please remember the Website is intended to benefit its users and the Company intends no harm to you or anyone else by operating this Website.
It is the Company’s policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act(“DMCA”).
(a) If you believe that your copyright has been infringed on the Website, please contact our Copyright Agent at:
Jeffrey S. Greene, Esq.
One Barker Avenue
White Plains, NY 10601
The Company will process notices of alleged infringement which it receives and will take appropriate action as required by the DMCA and other applicable intellectual property laws. To be effective, under the DMCA, the notification must be in writing and include the signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed and also contain the following (see 17 U.S.C 512(c)(3) for more specific information):
- identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party;
- A statement that the complaining party 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;
- Sufficient information by which the Company can contact you (including your name, postal address, telephone number and, if available, e-mail address); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(b) If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with the Company (a “Counter-Notice”) by submitting written notification to our copyright agent listed above. To be effective, under the DMCA, the Counter-Notice must be in writing and include the signature of the user whose material was removed and also contain the following information (see 17 U.S.C 512(g)(3) for more specific information):
- 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 disabled;
- Sufficient information by which the Company can contact you (including your name, postal address, telephone number and, if available, e-mail address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows the Company to restore the removed content if the party filing the original DMCA Notice does not notify the Company that it has filed a court action within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly, materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Contacting the Company