INTER-GROUP ASSOCIATION OF A.A. OF NEW YORK INC. (NYIG) TERMS AND CONDITIONS OF USE
Date of Last Revision: April 30, 2017
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Sites, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
The Sites are intended for personal, non-commercial use. You may print, copy and download any information or portion of the Sites for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Sites, except for the purposes expressly provided herein, without NYIG’s prior written approval. Unauthorized use of the Sites and or any NYIG systems, including, but not limited to, unauthorized entry into NYIG’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites, NYIG computer systems or networks connected to any Sites, through hacking, password mining or any other means. You agree that you will not engage in any activities related to the Sites that are contrary to applicable laws or regulations.
The purpose of the Sites is:
- To serve the fellowship of Alcoholics Anonymous in the Greater New York Area.
- To serve as a resource for A.A. members, those seeking help from A.A., professionals working with alcoholics, the media, and the public at large.
- To provide accurate and consistent information about NYIG.
- To provide information about services coordinated by NYIG.
- To encourage participation of A.A. members, groups and committees in NYIG services and activities.
Questions or comments about the Sites or Sites’ content should be directed to [email protected].
- Electronic Communications. By agreeing to these Terms, you also consent to receive electronic communications from NYIG (e.g., via email). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
- Copyright and Limited License. Unless otherwise indicated in the Sites, the Sites and all content and other materials on the Sites, including, without limitation, NYIG’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of NYIG or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial and personal use provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests NYIG promotes or endorses your, or any third party’s, causes, ideas, products, sites, applications, platforms or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of NYIG, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
- Copyright Complaints. If you believe that anything on the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Executive Secretary as set forth below.
Agent Designated to Receive Notification of Claimed Infringement: Executive Secretary
Address of Designated Agent: 307th Seventh Avenue, Suite 201, New York, NY 10001
Telephone Number of Designated Agent: 212-687-1680
E-Mail Address of Designated Agent: [email protected]
Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
- All logos and slogans contained in the Sites are trademarks of NYIG, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of NYIG or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “NYIG” or any other name, trademark or product or service name of NYIG without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of NYIG and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
You may not use an NYIG logo or other proprietary graphic of NYIG to link to these Sites without the express written permission of NYIG. Further, you may not use, frame or utilize framing techniques to enclose any NYIG trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without NYIG’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of NYIG or any third party.
NYIG makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Websites accessible by hyperlink from the Sites, or Websites linking to the Sites. Such sites are not under the control of NYIG and NYIG is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. NYIG provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, sponsorship, endorsement, approval, investigation or adoption by NYIG of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
- Third Party Content. We may make third party information and other content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”). Your dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. NYIG does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that NYIG is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
- Registration Data; Account Security. In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to NYIG, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to NYIG.
- Online Shopping. In the event a product available on or through the NYIG Store is listed at an incorrect price or with incorrect information, NYIG will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation neither signifies NYIG’s acceptance of your order, nor constitutes confirmation of NYIG’s offer to sell. NYIG reserves the right at any time after receipt of your order to accept or decline your order for any reason. In addition to shipping costs, NYIG may charge and withhold the applicable sales tax for orders. If applicable sales tax for an order is not withheld, you are solely responsible for all sales or other taxes, on orders shipped to you.
- International Users. The Sites are controlled and operated within the United States. NYIG makes no representation that content, materials or products available on or through the Sites are appropriate or available for use outside of the United States. If you access the Sites from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
- You agree to defend, indemnify and hold harmless NYIG, its independent contractors, service providers, consultants, Steering Committee members, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Sites or any act or omission relating to the Sites or content you post, including without limitation any actual or threatened suit, demand or claim made against NYIG and/or its independent contractors, service providers, consultants, Steering Committee members, employees and agents, or arising out of or relating to the content you post, your conduct, your violation of these Terms or your violation of the rights of any third party.
- EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NYIG, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NYIG DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. NYIG DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
NYIG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE NYIG ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, NYIG CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
NYIG IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITES.
CONTENT ON THE SITES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE SITES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING ON THE SITES.
NYIG RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITES AND ANY SERVICES OFFERED THROUGH THE SITES AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY NYIG.
- Limitation of Liability. IN NO EVENT SHALL NYIG, ITS STEERING COMMITTEE MEMBERS, EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NYIG, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NYIG’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NYIG OR STEERING COMMITTEE MEMBERS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NYIG FOR ACCESS TO OR USE OF THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES, THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Applicable Law and Venue. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of New York applicable to agreements made and to be entirely performed within New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in New York City and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
- Notwithstanding any of these Terms NYIG reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
- If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforce-ability of any remaining provisions.