NYRP reserves the right, in its sole discretion, to change, add or remove portions of these Terms and Conditions at any time for any reason. Any such changes are effective immediately upon posting to the Website and apply to all access and use of the Website thereafter. Accordingly, you may want to periodically review these Terms and Conditions when accessing or using the Website. Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms and Conditions. If, at any time, you do not agree to be bound by or comply with the Terms and Conditions, please do not use this Website.
2. Accuracy of Information
NYRP attempts to be as accurate as possible on the Website; however, to the extent permitted by applicable law, NYRP makes no representations or warranties that the content or information available on the Website is accurate, complete, reliable, current, or error-free. NYRP reserves the right to withdraw or amend this Website, and any service or information provided on the Website, in its sole discretion without notice.
3. Intellectual Property
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered or unregistered marks of the NYRP, its affiliates, its licensors or its partners, in the United States and other countries, and are protected by trademark laws of the United States and other countries. Trademarks not owned by NYRP, or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NYRP.
Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, stored, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without NYRP’s prior written consent. NYRP hereby expressly reserves all rights not expressly granted in and to the Website, its Content and Trademarks.
4. Limited License
NYRP grants you a limited, revocable, and non-exclusive license to access and use the Website for your personal and non-commercial purposes only.
The limited license set forth in this Section 4 does not include the right to: (i) make any use of the Website or its Content other than personal use; (ii) create any derivative work based upon either the Website or its Content; (iii) collect account information for the benefit of another party; (iv) use software robots, spiders, crawlers, or similar data gathering and extraction tools, whether automated or manual, or take any other action that may impose an unreasonable burden or load on NYRP’s infrastructure.
Any site that links to the Website (i) may not imply that NYRP is endorsing such site or its services or products; (ii) may not misrepresent its relationship with NYRP; (iii) may not contain content that could be construed as distasteful, obscene, offensive, infringing or otherwise inappropriate or unlawful, and may contain only content appropriate for all ages; (iv) may not portray NYRP or its products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate NYRP with undesirable products, services, or opinions; or (v) may not use any NYRP Trademark without express written permission.
[The Website may provide certain social media features that enable you to cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by NYRP with respect to the content they are displayed with. NYRP may disable all or any social media features and any links at any time without notice in its discretion.]
5. Your Use of the Website
NYRP has the right, but not the obligation, to monitor the Website to determine compliance with these Terms and Conditions and to satisfy any law, regulation or authorized government request and may take appropriate legal action or terminate or suspend your access to all or part of the Website for any violation of these Terms and Conditions.
Any unauthorized use by you of the Website or the Content terminates the limited license set forth in these Terms and Conditions without prejudice to any other remedy provided by applicable law.
6. Third Party Links
The Website may contain links to other sites and resources provided by third parties or may be linked from third party sites. NYRP is not responsible for the content of any off-site pages or any other sites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by NYRP, its affiliates or its partners of the referenced content, product, service, or supplier. Your linking to or from any off-site pages or other sites is at your own risk. NYRP is in no way responsible for examining or evaluating, and does not warrant the offerings, content or accuracy of off-site pages or any other sites linked to or from the Website, nor does NYRP assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-site pages and other sites that you visit.
7. Representations and Warranties; Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED “AS IS” AND “AS AVAILABLE.” NYRP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. NYRP DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN AND RELIANCE PLACED ON SUCH INFORMATION AND MATERIALS. NYRP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SECURITY, RELIABILITY, QUALITY OR AVAILABILITY OF THE WEBSITE.
YOU AGREE THAT TO THE FULLEST EXTENT PROVIDED BY LAW, NYRP, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS AND EMPLOYEES (THE “NYRP PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM THIRD PARTY SITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR (g) EVENTS BEYOND NYRP’S REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE NYRP PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT THEREIN REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NYRP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree, at your own expense, to defend, indemnify and hold the NYRP Parties harmless for any claims, liabilities, losses, damages or costs incurred by the NYRP Parties, including reasonable attorneys’ fees, resulting from or in connection with any third party claim, action, or demand resulting from (i) your violation of these Terms and Conditions or your use of the Website; (ii) your infringement of any intellectual property right of any third party, or of any right of personality or publicity [or (iii) any content that you distribute, e-mail, transmit or otherwise make available through the Website]. You shall not in any event settle any matter without the written consent of NYRP. NYRP reserves the right to, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York, and without regard to the conflict of law principles of the State of New York. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in New York, Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. [To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.] Notwithstanding the foregoing, if you have in any manner violated or threatened to violate NYRP’s intellectual property rights, NYRP may seek injunctive or other appropriate relief in the state or federal courts located in the State of New York, and you consent to exclusive jurisdiction and venue in such courts and hereby irrevocably waive all defenses of lack of personal jurisdiction and forum non-conveniens.
NYRP shall have the right to restrict, suspend or terminate your access to the Website if, in its sole discretion, you fail to comply with any provision of these Terms and Conditions. NYRP may also discontinue or change this Website, or its availability to you, at any time and for any reason, and without prior notice or liability.
11. Geographic Restrictions
The Website is provided for use only by persons located in the United States. NYRP makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside of the United States, you do so at your own initiative and are responsible for compliance with local laws.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between NYRP and you. NYRP’s failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall NYRP’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision at any other time. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in force and effect. NYRP will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, NYRP’s original objectives and intent as reflected in the original provision.
13. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us:
NYRP Website c/o Marketing Department
New York Restoration Project
254 West 31st Street 14th Floor
New York, NY 10001
Last updated April 2021