STUDY NEW YORK, INC.
WEBSITE TERMS AND CONDITIONS
Effective 15 July 2018
Thank you for visiting Study New York, Inc. (“SNY” or “we”). Your access to SNY’s website (the “Website”), including the functionality of the Website and services offered or provided through the Website, shall be subject to the terms and conditions set forth below (“Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY USING OR VISITING ANY ASPECT OF THE WEBSITE, YOU CONSENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY WHICH TOGETHER SHALL FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND SNY. If you do not agree to these Terms and Conditions or the Privacy Policy, please do not use the Website.
1. Privacy Policy. Please refer to the Privacy Policy for information on how SNY collects, maintains, uses and discloses information collected by the Website.
2. Users. By using the Website, you (“User” or “Users” or “you”) represent and warrant that: (i) you are over the age of eighteen (18) years old or otherwise capable of entering into a binding contract; and (ii) you have read, understand, and agree to be bound by this Agreement. If you do not accept and agree to the foregoing representations and warranties, you are not permitted to use the Website.
3. Use. The Website is intended to serve as a platform to provide Users with information and resources about the educational opportunities available at SNY’s member colleges, universities, and partners as well as the special programs and global outreach activities of SNY (collectively, “Resources”). You may access and use the Resources online and solely for your personal, educational, non-commercial use. You may not distribute any of the Resources to others, whether or not for payment or other consideration, and you may not modify, copy, reproduce, sell, license, publish, transmit, display or otherwise use any portion of the Resources without securing the prior written consent of SNY.
4. Copyright. All of the information, content, Resources and software displayed on, transmitted through, or used in connection with the Website, including for example, advertising, logos, graphics, trademarks, messages, materials, interactive features, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to the Website, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of the Website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights and are the intellectual property of SNY, and its licensors, partners, and suppliers. SNY actively protects its rights to the Content to the fullest extent of the law. SNY licenses to you the right to use the Website upon these terms and conditions, provided that the copying, rearranging, broadcasting, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such Content or any part of the Website, except for limited rights of use granted hereunder, is strictly prohibited. Any breach of this license and SNY’s intellectual property rights shall subject the violator to prosecution and damages, including, but not limited to, infringement of intellectual property rights. All Content and the Website’s interactive areas are provided “as-is”, and your use of the Website, and disclosure of information, is at your own risk.
5. Digital Millennium Copyright Act Notice of Alleged Infringement. SNY respects the intellectual property rights of others. It is SNY’s policy to respond promptly to any claim that Content posted on the Website infringes on the copyright or other intellectual property rights of any person or entity. SNY will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms and Conditions where it believes an infringement has taken place, including, but not limited to, removing or disabling access to Content claimed to be infringing and/or terminating access to the Website.
If you believe in good faith that your content has been copied in a way that constitutes copyright infringement, you should notify SNY of possible infringement as soon as possible by submitting your notice in writing to the attention of “Copyright Infringement” care of Email@StudyNewYork.US. Please include the following information in your notice:
Your name, address, telephone number, and email address (if any);
A description of the copyrighted content that you claim has been infringed;
A description of where on the Website the material that you claim is infringing may be found, sufficient for SNY to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted content is not authorized to be used by SNY, its agent, or the law and is not a fair use;
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
6. Confidentiality. You acknowledge that Confidential Information (as defined herein) is a valuable, special and unique asset of SNY, and you agree that you will not disclose, copy, publish, transfer or use (or seek to induce others to disclose, copy, publish, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees, contractors and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify SNY in writing of any circumstances, which may constitute unauthorized disclosure, copy, publish, transfer or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, copy, publishing, transfer or use. You shall return all originals and any copies of any and all materials in any medium containing Confidential Information at any time upon request by SNY. The term “Confidential Information” shall mean any and all trade secrets, confidential and proprietary information and all other information and data of SNY that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to SNY’s business, operations and properties, including, but not limited to, information about Users, partners, know-how, customers, services, hardware, software, configuration, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. Failure to comply with the foregoing shall constitute a material breach of this Agreement.
7. Prohibited Conduct. Users are strictly prohibited from and agree that they will not: (i) use the Website to violate any international, national, state or local laws or regulations; (ii) use the Website to abuse, harass, or stalk any other person or entity; (iii) publish, post or transmit any profane, defamatory, tortious, obscene or infringing information; (iv) intentionally upload or transmit any file or material that contains a virus, Trojan horse, or any other software that may harm another User’s or SNY’s devices or computers; (v) cause any other User to violate this Section 7; (vi) misappropriate, interfere with, manipulate, copy, disseminate, sell, license or exploit Content or Confidential Information without the express written consent of SNY; (vii) harm or assault any other User, or any other party in the use of the Resources, in any way; or (viii) engage in any other misconduct directly or indirectly affecting another User, the Website or SNY. Any violation of this Section 7 may result in disciplinary action, including, but not limited to, legal action.
8. Disclaimer. THE WEBSITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. To the fullest extent permitted by applicable law, SNY expressly disclaims any and all warranties or representations that, to the best of SNY’s knowledge, (i) the Website, Resources and Content are current, accurate, complete, original, reliable, useful, genuine, non-infringing or provided in good faith; (ii) any Resources provided will be to User’s satisfaction, without interruption or error free; (iii) Content, including, but not limited to, name, email and contact information,
will not be lost, stolen, corrupted or destroyed; or (iv) the Website is immune from viruses, hacking or breach. SNY reserves the right to temporarily disrupt or permanently discontinue the Website for any reason, or for any period, at any time, in SNY’s sole discretion, without maintaining back-up, and without prior notice.
9. LIMITATION OF LIABILITY. SNY is merely a platform to facilitate the delivery of the Resources. SNY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT, PROVIDED THROUGH THE WEBSITE, OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM A USER’S ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SNY’S SECURE SERVERS AND/OR ANY AND ALL CONFIDENTIAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (IV)ANY THIRD PARTY CLAIMS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL SNY OR ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS (“SNY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND CAUSED TO YOU OR ANY THIRD PARTY AS A CONSEQUENCE OF THE USE OR INABILITY TO USE THE WEBSITE, ACTIONS PERFORMED, RESOURCES PROVIDED, THE TIMELINESS, ACCURACY, RELIABILITY AND COMPLETENESS OF ANY CONTENT, THE USE, MAINTENANCE, DISPOSAL AND/OR DISCLOSURE OF CONTENT, STATEMENTS MADE THROUGH THE WEBSITE, THE ACT, ERROR, OMISSION, FAILURE OF PERFORMANCE, NEGLIGENCE, BREACH OF REPRESENTATION OR WARRANTY, OR ANY OTHER CONDUCT OF ANY USER, INCLUDING, WITHOUT LIMITATION, HARASSMENT (SEXUAL OR OTHERWISE), PERSONAL INJURY, DEATH, THEFT, PROPERTY DAMAGE OR THE ALTERATION OR UNAUTHORIZED USE OF CONTENT AND/OR CONFIDENTIAL INFORMATION, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH INJURY OR DAMAGE, OR BASED UPON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (“POTENTIAL CLAIMS”).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. THEREFORE, IN SUCH CIRCUMSTANCES, THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
10. INDEMNIFICATION. YOU EXPRESSLY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS THE SNY PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, INJURIES, DEBTS, OBLIGATIONS, LIENS, CHARGES, TAXES, PENALTIES, EXPENSES OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, DISBURSEMENTS ATTENDANT THERETO, AND INTEREST) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE, INABILITY TO USE THE WEBSITE, CONTENT, YOUR BREACH OF THIS AGREEMENT (INCLUDING THE REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN), ANY OTHER ACTIVITIES WHICH YOU ENGAGE IN WHILE USING THE WEBSITE, OR ANY THIRD-PARTY CLAIMS.
11. Third Party Website. The Website may contain links to third party websites, which do not belong to, and are not controlled by SNY. SNY shall have no responsibility or liability for the User’s interaction with such third party websites, and SNY makes no representation or warranty as to those third party websites. You acknowledge that your use of any third party website is at your own risk. SNY does not warrant, endorse or support any third party websites, products or services.
12. Entire Agreement. This Agreement represents the entire agreement between you and SNY with respect to use of the Website, and supersedes all prior communications and proposals, whether electronic, oral, or written between you and SNY with respect to the Website. Any rights not expressly granted herein are reserved. Any attempt to alter, supplement or amend these Terms and Conditions is null and void unless otherwise agreed to in writing by you and SNY.
13. Severability. If any term or condition of these Terms and Conditions shall to any extent be deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms and Conditions shall be unaffected thereby, and each provision shall be enforced to the fullest extent permitted by law.
14. Waiver. Failure to insist on strict performance of any of the provisions of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by SNY of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
15. Modification. SNY reserves the right, in its sole discretion, to update, change, modify, add, or remove portions of these Terms and Conditions from time to time without notice. You are encouraged to periodically check for updates. No amendment, modification, extension, limitation, waiver or termination of these Terms and Conditions shall be valid except with the written consent of SNY.
16. Dispute Resolution. In the event of any dispute or claim you may have against SNY arising out of or relating to your use of the Website, Content, the Terms and Conditions, or the Privacy Policy, you agree to promptly notify SNY of such dispute or claim in writing, and to work with SNY in good faith to promptly resolve such dispute or claim on reasonable terms. To the extent you and SNY are unable to resolve such dispute, you and SNY hereby agree that such dispute shall submitted to a neutral third-party mediator to conduct non-binding mediation located in Westchester County, New York prior to commencing any legal action.
17. Statute of Limitations. You agree that any claim or cause of action arising out of or relating to your request, receipt or provision of Resources, use of the Website, Content, these Terms and Conditions, or the Privacy Policy, shall be filed within one (1) year after such claim or cause of action arose, or you will be barred from pursing any claim or cause of action.
18. Governing Law/Costs. Any claim or cause of action brought against SNY arising out of or relating to your request, receipt or provision of Resources, use of the Website, Content, these Terms and Conditions, or the Privacy Policy, whether at law or in equity, shall be governed exclusively by these Terms and Conditions and by the laws of the State of New York, and you agree to submit to the exclusive jurisdiction of, and agree that venue is proper in the New York State Supreme or County Court in Westchester County, New York. In the event of any legal action filed hereunder, SNY, if the substantially prevailing Party shall be entitled to recover all costs and expenses, including reasonable attorneys’ fees incurred in enforcing, attempting to enforce, or defending any of the terms, covenants or conditions of this Agreement, including costs incurred prior to commencement of legal action and in any appeal.
19. Remedies Cumulative. All rights and remedies provided in this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to SNY, whether provided by law, equity, statute, in any other agreement between the User and SNY or otherwise.
20. Waiver of Jury Trial. YOU HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE RESOURCES, WEBSITE, CONTENT, THESE TERMS AND CONDITIONS, OR THE PRIVACY POLICY.
21. Questions. If you have any questions pertaining to this Agreement, please contact SNY at Email@StudyNewYork.US