By accessing or using any part of the Site, you acknowledge and accept, without limitation or qualification, these Terms. If you do not agree with these Terms, do not use the Site.
The RYE Center may amend these Terms, in whole or in part, at any time in our sole discretion, effective immediately upon posting modified Terms to the Site. Use or access the Site after modified Terms are posted to the Site is subject to such modifications.
If any part of these Terms is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining Terms.
AUTHORIZED USE OF THE WEBSITE
The website is provided for your personal use and informational purposes only. Any other use of the website requires our prior written consent.
As a condition of your use of this website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these Terms.
THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATIONS OF OUR LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold us and our directors, officers, employees, and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, (i) any breach by you of any of these Terms, (ii) the content of any posting you make to the Site, or (iii) a violation by you of applicable law.
UNAUTHORIZED USE OF THE SITE
By using the Site, you agree not to upload, post, email, or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies, or regulations of networks connected to the Site, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Site; (2) engage in any activity in connection with the Site that is fraudulent, unlawful, false or misleading, libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Site for any unlawful purpose; (4) resell or export the software associated with the Site; (5) use the Site for any commercial or political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduced any code or source relating to the Site; (7) interfere with the proper operation of any security measure used by the Site; (8) cause to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site; or (9) use any crawler, indexer, spider, click spam, macro programs, deep-link, page-scrape, robot, Internet agent, or other automatic device, program, algorithm, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store information, search or generate searches, or monitor any portion of the Site.
Communications between you and the RYE Center may not be secure. We suggest that you encrypt all e-mail to increase the security of your communications with us.
All text, graphic, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content contained on the Site is owned and controlled by us and/or our licensors. The Content is protected by trade dress, copyright, patent, trademark, and other intellectual property and unfair competition laws. It is for your own personal and non-commercial use only, and we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for that purpose, subject to your strict compliance with these Terms. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute, or transmit the Content without our prior express written permission. Any unauthorized use of the Content will terminate the limited license granted by us. All other trademarks not owned by us that appear in connection with the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. We disclaim any duty or obligation to update any such information, including news and press releases about us, and your reliance on information contained in these materials is at your own risk.
The sites that are linked from this website are not under our control. We do not assume any responsibility or liability for any communications or materials available at those linked sites. All links are provided for your convenience only; they are not an endorsement or referral by the RYE Center. If you wish to provide a link to our website from your website, you may only link to our home page at https://ryecenter.org/. You may not use any RYE Center icons or logos on your website without our express written consent, and you may not use the link to suggest that the RYE Center sponsors, endorses, approves of, or is affiliated with, you or your website.
These Terms are entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules and without regard to principles of conflict of laws. Each party to these Terms submits to the exclusive jurisdiction of the state court sitting in the County of Rockland in the State of New York and the federal court of The Southern District of New York and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
If there is any conflict between this agreement and any other agreement between you or your business and the RYE Center, the latter agreements will prevail.
Should you have any questions regarding these Terms you may contact us at [email@example.com].