This Agreement was last updated on April 2, 2008.
You are required to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth by NYC-PIA. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
2. No Professional Advice
This Site is intended for general informational purposes only, and is not intended or recommended as a substitute for professional advice. Any information supplied through the Site or by any employee or agent of NYC-PIA, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for general informational purposes or general guidance on the use of the Site. The receipt of any questions or feedback you submit to NYC-PIA does not create a professional relationship, and by providing information in response to your questions, NYC-PIA is not providing medical, legal, tax, accounting, or other professional advice. Information provided through the Site is not a substitute for professional advice, diagnosis, or treatment. You should never disregard professional medical, legal, or financial advice or delay in seeking it because of something you have read on this Site.
3. Registered Users
NYC-PIA reserves the right to limit access to certain areas of the Site to certain users who register and meet the qualifications imposed by us. When registering, you must fill in all mandatory fields with true, accurate, current, and complete information about yourself as prompted in the registration form. You must maintain and promptly update this information to keep it true, accurate, current, and complete by: logging on to your account and updating the information; using the contact request page on our website; or writing to us at NYC-Parents in Action, Inc., P.O. Box 287451, Yorkville Station, New York, NY 10128-0025. We reserve the right to discontinue access to any restricted area of the Site at any time, without notice to you, for any reason.
If you are or become a registered user, you are responsible for maintaining the confidentiality of your User ID and password, and you are fully responsible for all activities that occur under your password or account. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify NYC-PIA.
5. Modifications to Site
NYC-PIA reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. NYC-PIA shall not be liable to you or any third party in the event that NYC-PIA exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to this Agreement.
6. Third-Party Content and Links to Third-Party Services
NYC-PIA does not review, monitor or check the accuracy of content published on third-party sites, and is not responsible for the availability of, and content provided on, third-party sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and NYC-PIA is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
7. Intellectual Property Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content (the "Content"), are owned by NYC-PIA or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws.
All Content on the Site is provided to you AS IS for your information and personal use only. By accessing any material on the Site, NYC-PIA grants you a limited, non-transferable license for your own personal use. The limited, non-transferable license cannot be assigned to a third party without the prior written consent of NYC-PIA. Content may only be used for personal, non-commercial purposes. This means that you may only view, download, or print material from the Site for your own informational use, and you must keep all copyright and other proprietary notices attached to the Content. The reproduction, duplication, distribution, publication, modification, copying, or transmission of Content is strictly prohibited without the prior written consent of NYC-PIA or unless it is expressly permitted by this Site. Requests for permission to reproduce any Content should be submitted to NYC-PIA at NYC-Parents in Action, Inc., P.O. Box 287451, Yorkville Station, New York, NY 10128-0025, Attention: President or to email@example.com. No graphics may be used separate from accompanying text. Distribution of material on the Site to noncommercial entities for their own personal, noncommercial, educational use is hereby permitted and subject at all times to this Agreement.
Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of NYC-PIA. Requests for such permission should be made to NYC-PIA at the above address or to firstname.lastname@example.org. Any rights not expressly granted herein are reserved. Please be advised that NYC-PIA enforces its intellectual property rights to the fullest extent of the law.
8. Trade and Site Marks
All rights in the product names, company names, trade names, logos, product packaging, and designs of all NYC-PIA or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to NYC-PIA or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of NYC-PIA or any third party.
9. No Deep Linking or Framing
You may not make any part of this Site available as part of another service by hyperlink framing, or otherwise, without prior written permission from NYC-PIA.
10. Prohibited Uses Generally
By using this Site, you agree not to:
- use any false or inaccurate information for purposes of registering as a user of the Site, or for purposes of registering for any promotions offered through the Site;
- delete or revise any material or other information of any other user or NYC-PIA;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the Site other than the search engine and search agents available from NYC-PIA on the Site and other than generally available third-party web browsers (e.g., Mozilla Firefox, Netscape Navigator, Microsoft Internet Explorer);
- allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software composing or in any way making up a part of the Site.
You further agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
- accessing data not intended for you or logging into a server or account that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site;
- attempting to interfere with service to any user, host, or network;
- sending unsolicited or commercial e-mail to, from, through, or in any way relating to or referencing the Site or any user thereof; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. NYC-PIA will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.
NYC-PIA also reserves the right to disclose any information about you that may be necessary to satisfy any applicable law, regulation, legal process, or governmental request.
11. Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
12. Disclaimer of Warranties
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYC-PIA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. NYC-PIA DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NYC-PIA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (iv) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY NYC-PIA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
NYC-PIA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. NYC-PIA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.
NYC-PIA MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON ANY LINKED SERVICE.
13. Limitation of Liability
IN NO EVENT WILL NYC-PIA OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
NYC-PIA RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF NYC-PIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE NYC-PIA FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
IN ADDITION, NYC-PIA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH ANY THIRD-PARTY CONTENT OR ANY LINKED SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NYC-PIA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless NYC-PIA and its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees from all liabilities, claims, and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any rights of another.
16. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide NYC-PIA with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address, and daytime telephone number, and an e-mail address if available, so that NYC-PIA may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
NYC-PIA's Copyright Agent for notice of claims of copyright infringement on the Site is Aimee Garn, President, who can be reached as follows: NYC-Parents in Action, Inc., P.O. Box 287451-Yorkville Station, New York, NY 10128-0025 or email@example.com. NYC-PIA will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. Â§ 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.
17. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the state of New York. You and NYC-PIA expressly agree to submit to the exclusive jurisdiction and venue of the courts in New York in all disputes arising out of or relating to the use of this Site.
18. No Waiver
The failure of NYC-PIA to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
NYC-PIA reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. Sections twelve (12) through twenty-one (21) of this Agreement shall survive such termination.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NYC-PIA as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of NYC-PIA's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by NYC-PIA with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and NYC-PIA and governs your use of the Site. If any portion of the Agreement 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 intention of the parties, and the remaining portions shall remain in full force and effect.
NYC-PIA may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of NYC-PIA.
21. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and NYC-PIA and governs your use of this Site. If any portion of this Agreement 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 intention of the parties, and the remaining portions shall remain in full force and effect.
If you have questions about this Agreement, please contact us by using the contact request page on our website (http://www.parentsinaction.org/contact) or by writing to us at NYC-Parents in Action, Inc., P.O. Box 287451, Yorkville Station, New York, NY 10128.
Copyright ©2008 NYC Parents in Action, Inc. All rights reserved.