TERMS OF USE

 

NYCityAlerts.com provides aggregated data, alerts, notifications from data sources made available by government and quasi-government in the public domain relating to apartment buildings, office buildings, warehouses, parking lots, or gas stations, as the case may be, in New York City (the “Services”) through our website(s) (the “Website”). The Services are operated by NYCity Alerts LLC (together with its successors and assigns, “Company”).

 

Acceptance of the Terms of Use (“Terms”)

 

These Terms govern your access to and use of the Services, so please read them carefully before using the Services. By using or accessing the Services, you signify your consent to these Terms, and agree to be bound by the Terms without any modification or reservation whatsoever.

 

If you are an employee of or are accessing the Services or the Website on behalf of a property management company or other commercial enterprise (“Commercial Principal”), please note that the Company may have entered into a service agreement with your Commercial Principal (“Service Agreement”). If the Company has entered into a Service Agreement with your Commercial Principal, you may be subject to additional terms, conditions, obligations, representations and/or warranties made under the Service Agreement. Please refer to the Service Agreement entered between the Commercial Principal and the Company to get an accurate understanding of your rights, obligations, and terms of use before using this Website and/or Services.

 

The Company reserves the right, in its sole discretion, without any obligation and without any notice requirement, to modify or revise these Terms. You are responsible for checking these Terms from time to time. Your continued use of the Website constitutes your acceptance of the new Terms. These Terms control the relationship between the Company and you. They do not create any third party beneficiary rights. The Company also reserves the right to suspend and/or deny access to the Services for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

 

Use of Services

 

You acknowledge that the Company is not a government or quasi-government agency and does not represent or speak on behalf of any government or quasi-government agency. The Company is a data aggregator, and the data provided is for informational purposes only. The Services are in no way a substitute for your own due diligence, and the Company does not guarantee the accuracy or correctness of the information provided.

 

In order to access or use the Services, you may be required to provide current and accurate identification, a username, password and other information. You are responsible for maintaining the accuracy and completeness of this information and for maintaining the confidentiality of your login information required to use the Services.

 

You will be fully responsible for all activities that occur under your account with the Company, including activities of others to whom you have provided your username or password. Please notify the Company immediately of any unauthorized use of your account or any other breach of security.

 

Certain Services are provided to you free-of-charge. Other Services require payment before you can access them. The type of Services available to you depends on the type of service plan that you or your Commercial Principal have selected. Therefore, certain functionalities of the Website and/or certain Services may not be accessible by or available to you. These additional functions and services may be available to you at an additional cost.

 

Information

 

This Website contains statements that have been obtained from sources believed to be reliable but the information is not guaranteed to be accurate or complete. The Company cannot guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the information on this Website, including, but not limited to information organized and/or aggregated by the Company, licensed by the Company from information providers, or gathered by the Company from publicly available sources. There may be delays, omissions, or inaccuracies in the information. The Company will not be liable for the accuracy, completeness, timeliness or correct sequencing of the information or for any decision made or action taken by you in reliance upon the information on this Website or on the Services, or for interruption of any data, information, or any other aspect of this Website. Payment of any fees is not contingent upon any predetermined results or information conveyed through this Website or the Services.

 

Age

 

You must be at least 18 years of age to use the Services, with or without registering.

 

Third Party Services

 

The Services may provide you with an opportunity to engage with third party products and services or provide you with links to such third party services (“Third Party Services”) offered or made available by third parties not affiliated with the Company (“Third Party Organization”).  These Terms do not apply to (and the Company is not responsible for) any Third Party Services and these Terms do not govern the practices of such Third Party Organization. When utilizing Third Party Services, you should read the relevant terms of use regarding use of such Third Party Organization websites, software or products, including any applicable end user license agreements.

 

The Company has no control over such websites and resources and the Company is not responsible for and does not endorse any such websites and resources or provide any guarantee, warranty or recommendation to such Third Party Services and/or content. The Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such Third Party Organization.

 

Intellectual Property

 

The Services may contain content (“Services Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized in writing by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part. 

 

The Website may contain our service marks or trademarks as well as those of our affiliate companies or any Third Party Organization, in the form of words, graphics, and logos. Your use of this Website or the Services does not give you any right or license to use such service marks or trademarks, without the prior written permission of the corresponding service mark/trademark owner. Your use of this Website does not grant you ownership rights of any kind in our Website.

 

Limited License

 

If you are eligible to use the Services, you are granted a limited license to access and use the Services and the Services Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Any use of the Website or the Services Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. The technology and software underlying the Services is the property of the Company, our affiliates and our partners (the “Software”). We reserve all right, title and interest in and to the Software and Services Content, except for the limited rights expressly granted in these Terms.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

 

 

Indemnity

 

You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, distributors, affiliates and all persons claiming under the Company from and against any and all losses, claims, demands, liabilities, damages, costs or expenses, including reasonable legal fees and expert witness fees, arising out of or relating to the Services, your use of and access to the Website or the Services, your violation of any rights of another, or resulting from your breach of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.

 

Disclaimer of Warranties

 

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ALL THE MATERIALS, INFORMATION, FACILITIES AND OTHER CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

 

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE OR THE SERVICES WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON OR MADE AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITES LINKED TO THIS WEBSITE IN TERMS OF THEIR QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitation of Liability

 

THE COMPANY DISCLAIMS ANY AND ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND/OR OTHER CONTENT ON THE WEBSITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE LIABILITY OF THE COMPANY EXCEED THE LESSER OF ANY FEES YOU HAVE PAID TO THE COMPANY DURING THE PRECEDING NINETY (90) DAYS OR $______________.

 

Termination

 

You agree that the Company, in its sole discretion, may suspend or terminate your account (or any part thereof), your access to the Website or use of the Services and remove and discard any content within the Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. The Company will not be liable to you or any third-party for any termination of your access to the Services.

 

Governing Law, Jurisdiction & Venue

 

These Terms shall be governed by, construed and enforced in accordance with the laws of the United States of America and the laws of the State of New York. You hereby consent and submit to the exclusive jurisdiction of the courts of the County of New York, State of New York for any action however so arising out of these Terms.

 

The Terms constitute the entire agreement between you and the Company and govern your use of the Services, superseding any prior agreements between you and the Company with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. To the extent that there is any irreconcilable conflict between the Service Agreement entered into between the Company and your Commercial Principal and these Terms, the Service Agreement shall prevail.

 

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.