CNY TERMS OF USE

Introduction

Welcome to the CNY website.

Please read the following terms and conditions carefully before using this site. All access to and use of this site and all related websites, including mobile applications (collectively, “Website”), and the features on the Website are governed by the following terms of use (“Terms of Use” or “Terms”).  These Terms of Use apply to all parties who use, visit or browse the Website.  This Website is offered and available to users who are 18 years of age or older and who reside in the United States of America.

These Terms of Use apply to this Website, which is operated under the domain name CNYGroup.com. This Website is the property of G-CNY Group LLC and its operating entities including CNY Builders LLC, CNY Interiors LLC, CNY Construction and CNY Consulting Services LLC (collectively, “CNY”, “we”, “us”, or “our”). By accessing or using the Website, you and any entity you are authorized to represent (“you” or “your”) signify your agreement to be bound by these Terms.  If you do not agree to any of these Terms of Use, you should immediately exit the Website.

By navigating beyond our Website’s homepage, you agree to accept and abide by these Terms of Use under a non-exclusive, non-transferable agreement (“Agreement”) governing your use of our Website in accordance with the conditions herein contained.  This Agreement and our Privacy Policy constitute the entire agreement between you and us and supersede any prior such agreement. You, the user, hereby accept the Terms of Use in order to use this Website. The section titles following in this Agreement are for convenience only and have no substantive effect.

Changes to Terms

We may revise these Terms of Use on occasion without notice in our sole discretion.  All such changes will be effective immediately when incorporated herein, and your continued use of this Website shall constitute your acceptance of these Terms of Use, however and whenever amended.  By your continued acceptance of these Terms of Use, you are also accepting any changes.  You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Scope of Use

The information posted on this Website is for general informational purposes only.  None of the information or material provided on this Website constitutes or is intended to constitute professional or legal advice.  You should consult with professional specialists and experts to evaluate information contained herein for specific advice.

 Copyrights and Service Marks

You should assume that all material appearing on the Website is copyright protected, unless otherwise noticed.  All materials and information on this Website, including without limitation, any logos, designs, text, graphics and their arrangement are licensed to or owned by CNY or its principals or agents.

We own the intellectual property rights to the content on this Website along with its design, structure, and compilation.  Any textual or graphic material you copy, print, or download is licensed to you by CNY or its principals or agents for your personal, non-commercial use only, provided that you do not change or delete any copyright, service mark, trademark or other proprietary or confidential notices.   No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by CNY.  Unless we indicate otherwise, you are not authorized to duplicate, distribute, republish, download, display, post or transmit information in any form or by any means without our prior written permission or the prior written permission of the owner of the intellectual property.

Links

This Website may use links to the websites of unrelated third parties as a convenience to you. However, we have no control over, nor do we monitor in any way, these outside websites. We make no representation whatsoever regarding the content of any other websites which you may access from this site. These other websites are independent from CNY, and links thereto do not constitute an endorsement of third party websites, nor are we responsible for the content of such linked websites.  We do not accept any responsibility for the content or use of such other websites.  These Terms of Use only apply to our Website.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use of such websites.

No Unlawful Purpose or Prohibited Use

You, the user, hereby agree, represent and warrant that you will not use our Website for any unlawful purpose or in any way that violates any applicable federal, state, local or international law or regulation.  Your access to our Website shall be denied on the basis of any unethical, abusive, or otherwise illegal activity that you commit in use of this Website. By accessing our Website you agree not to engage in any kind of illegal activities in the use of our Website, including without limitation infringement of any third party intellectual property rights such as copyrights, service marks or trademarks, trade secrets, proprietary and confidential information; fraud; child pornography, exploitation of minors or obscene material; harassment; hacking or using 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 or which interferes with the proper working of the Website (or any server, computer or database connected to the Website); spamming or otherwise transmitting promotional or advertising material; or sending of viruses, Trojan horses, worms, or other harmful files.  We reserve the right to report any potentially criminal activity to appropriate law enforcement authorities.

No Warranties; Disclaimers and Limitation of Liability

THERE ARE NO WARRANTIES ASSOCIATED WITH ANY OF THE CONTENT OF THIS WEBSITE.  THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CNY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT OR OTHER MATERIALS IN THIS WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, SECURITY, COMPLETENESS, RELIABILITY, OR OTHERWISE.  CNY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS WEBSITE, OR THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, CORRUPT MATERIALS OR OTHER HARMFUL COMPONENTS, OR OCCASIONAL OUTAGES, OR THAT THE WEBSITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  CHANGES MAY BE MADE FROM TIME TO TIME WITHOUT NOTICE TO THE MATERIALS AVAILABLE ON THIS WEBSITE.

UNDER NO CIRCUMSTANCES SHALL CNY OR ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR PRINCIPALS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You assume the risk of obtaining any viruses or harmful components as a result of using this Website.  You assume the risk of the entire cost of any and all necessary servicing, repair, or correction of equipment used and alleged to have been harmed via access this Website.

CNY is not responsible for failure to update information in this Website, as we have no duty or obligation to do so.  As a result, while we attempt to post current information on a timely basis, information or statements on our Website should not be relied upon as being current as of the date you access this Website.

Indemnity

You hereby agree to defend, indemnify, and hold CNY along with its subsidiaries, officers, employees, owners, and website contractors and each of their officers, employees and agents harmless from any claim, action, demand, loss or damage (including reasonable attorneys’ fees) made or incurred by CNY or any third party arising out of or relating to your use or misuse of our Website of any of the Website’s content or information, and/or the any violation or breach of these Terms of Use or any rights of third parties.

Governing Law; Jurisdiction and Dispute Resolution

This Website is controlled and operated by G-CNY Group LLC from its offices within the State of New York in the United States of America. We make no representation that materials in our Website are appropriate or available for use in other locations.  All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or relating thereto shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law provision or rules.

You must file any claim related to our Website within one year after it arises and you provide us with formal written notice of same.  If a dispute arises, the matter will be adjudicated.  You hereby agree to submit to the exclusive jurisdiction of the state and federal courts located in New York County in the state of New York for any claim or dispute with us.

Notices

Proper notice to us shall be made via certified United States mail, return receipt requested, directed to the address set forth below, through the New York State Secretary of State, or as otherwise recognized by applicable law.

User Submissions

You are fully responsible for any of your own content that is submitted through this Website (including its legality, reliability, accuracy and appropriateness), and you agree to defend, indemnify, and hold CNY along with its subsidiaries, officers, employees, owners, and website contractors and each of their officers, employees and agents harmless for any claims that may arise resulting from any content that you provide us through this medium, as CNY is not responsible for the content or accuracy of any content posted by you or any other user of the Website.  By submitting information through our Website, you give us a license to use and reproduce that content in a responsible and legal manner, and to otherwise disclose to third parties any such material.  Any information that you submit will be considered non-confidential and non-proprietary.

Termination

This Agreement is effective unless and until terminated by either CNY or you. CNY may, in its sole discretion, discontinue this Website or any part thereof at any time, with or without notice. You may terminate this Agreement at any time by no longer using our Website, provided that all prior uses of this Website shall be governed by this Agreement.  CNY may terminate this Agreement at any time and without notice, and accordingly deny you access to our Website, in our sole discretion and at any time and for any or no reason, including your failure to comply with any term or provision of this Agreement even if access and use continues to be allowed to others. Upon any termination of this Agreement by either CNY or you, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. You hereby agree that CNY shall not be liable to you or any third party for any termination or suspension of your access to our Website.

Severability

If any provision of this Agreement is deemed unlawful, void, or unenforceable for any reason by a competent court of law with jurisdiction, then that provision will be removed from these Terms of Use and the remaining provisions and Terms in the Agreement shall remain in full force and effect.

Waiver

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted. Our failure to enforce any right under this Agreement will not waive that right.

These Terms and our Privacy Policy constitute the entire Agreement between CNY and you pertaining to your use of our Website. By using our Website, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Use.

Contact Us

You may contact us at privacy@CNYGroup.com or in writing via US mail or delivery service to 214 West 39th Street, New York, New York 10018, attention Website Privacy Manager.

 

November 19, 2013