The website located at www.nystec.com (the “site”) is a copyrighted work belonging to The New York State Technology Enterprise Corporation (“NYSTEC”, “us”, “our”, and “we”).
These terms limit the remedies available to you and our liability in the event of a dispute.
- Access to the site.
- Subject to these Terms, NYSTEC grants each visitor to the site (“you”, “your” and “users”) a non-transferable, non-exclusive, revocable, limited license to use and access the site solely for your own limited personal or commercial use (i.e. as a potential recipient of NYSTEC services or products).
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the site, whether in whole or in part, or any content displayed on the site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the site; (c) you shall not access the site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the site shall be subject to these Terms. All copyright and other proprietary notices on the site (or on any content displayed on the site) must be retained on all copies thereof.
- NYSTEC reserves the right, at any time, to modify, suspend, or discontinue the site (in whole or in part) with or without notice to you. You agree that NYSTEC will not be liable to you or to any third party for any modification, suspension, or discontinuation of the site or any part thereof
- Excluding any information submitted to NYSTEC by you, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the site and its content are owned by NYSTEC. Neither these Terms (nor your access to the site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. NYSTEC reserves all rights not granted in these Terms. There are no implied licenses granted under these Terms.
- If you provide NYSTEC with any feedback or suggestions regarding the site (“Feedback”), you hereby assign to NYSTEC all rights in such Feedback and agree that NYSTEC shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. NYSTEC will treat any Feedback you provide to NYSTEC as non-confidential and non-proprietary. You agree that you will not submit to NYSTEC any information or ideas regarding the site that you consider to be confidential or proprietary.
- User Content.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the site to collect, upload, transmit, display, or distribute any user content: (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the site (or to other computer systems or networks connected to or used together with the site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the site; or (vii) use software or automated agents or scripts to produce multiple accounts on the site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the site (provided, however, that we grant operators of public search engines revocable permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials).
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- We reserve the right (but have no obligation) to review any user content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include a report to law enforcement authorities.
- Aggregated/Anonymized Data. You acknowledge and agree that notwithstanding anything to the contrary, NYSTEC may use and disclose user content in aggregated or anonymized form to: (a) improve NYSTEC’s services and products; (b) provide analytics and benchmarking services; (c) generate and disclose statistics regarding use of NYSTEC’s services and products; or (d) for any other lawful purposes.
You agree to indemnify and hold NYSTEC (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of: (a) your use of the site; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your user content. NYSTEC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of NYSTEC. NYSTEC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Third-Party Links; Release.
- Third-Party Links. The site may contain links to third-party websites and services (“Third-Party Links”). Such Third-Party Links are not under the control of NYSTEC, and NYSTEC is not responsible for any Third-Party Links. NYSTEC provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
- You hereby release and forever discharge NYSTEC (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the site (including any interactions with, or act or omission of, other site users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND NYSTEC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NYSTEC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF NYSTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the site. We may suspend or terminate your rights to use the site at any time for any reason at our sole discretion, including for any use of the site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the site will terminate immediately.
- Copyright Policy.
NYSTEC respects the intellectual property of others and asks that users of our site do the same. In connection with our site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials. If you believe that an element of the site is unlawfully infringing the copyright(s) in a work, a report can be submitted via the contact information in Section 9.7.
- These Terms are subject to occasional revision and your continued use of this site after we make changes is deemed to be acceptance of those changes, so please check the Terms periodically for updates.
- Governing Law, Waiver of Jury Trial and Venue.
- Governing Law. These Terms shall be interpreted, construed and enforced pursuant to, and in accordance with, the laws of the State of New York without regard to conflicts of laws principles.
- Waiver of Jury Trial. THE PARTIES IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EACH PARTY MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE.
- The parties agree that the exclusive venue for the resolution of any dispute relating to the site or the subject matter of these Terms shall be in the state courts for Oneida County, State of New York or in the U.S. District Court for the Northern District of New York, Utica Courthouse, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise.
- The site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from NYSTEC, or any products utilizing such data, in violation of the United States export laws or regulations.
- Electronic Communications. The communications between you and NYSTEC use electronic means, whether you use the site or send us emails, or whether NYSTEC posts notices on the site or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from NYSTEC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NYSTEC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without NYSTEC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. NYSTEC may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information. Copyright © 2022 NYSTEC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- NYSTEC Contact Information:
99 Otis Street, 2nd Floor
Rome, NY 13441
- Effective Date. These Terms were last revised and became effective on January 10, 2022.