Terms of Use

Agreement between User and Avail NYC

The Avail NYC Website is comprised of various Web pages operated by Avail NYC.

The Avail NYC Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Avail NYC Website constitutes your agreement to all such terms, conditions, and notices.

Modification of These Terms of Use

Avail NYC reserves the right to change the terms, conditions, and notices under which the Avail NYC Website is offered, for operational reasons or as a result of changes in applicable laws.

Links to Third-Party Sites

The Avail NYC Site may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Avail NYC and Avail NYC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Avail NYC is not responsible for webcasting or any other form of transmission received from any Linked Site. Avail NYC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Avail NYC of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Avail NYC Website, you warrant to Avail NYC that you will not use the Avail NYC Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Avail NYC Website in any manner which could damage, disable, overburden, or impair the Avail NYC Website or interfere with any other party’s use and enjoyment of the Avail NYC Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Avail NYC Websites.

Liability Disclaimer

The information, software, products, and services included in or available through the Avail NYC Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Avail NYC and/or its suppliers may make improvements and/or changes in the Avail NYC website at any time. Advice received via the Avail NYC website should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.

Avail NYC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Avail NYC Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Avail NYC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall Avail NYC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out or in any way connected with the use or performance of the Avail NYC Website, with the delay or inability to use the Avail NYC Website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Avail NYC Website, or otherwise arising out of the use of the Avail NYC Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Avail NYC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Avail NYC Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Avail NYC Website.

Service contact : madison.peace@availnyc.org

Avail NYC reserves the right, in its sole discretion, to terminate your access to the Avail NYC Website and the related services or any portion thereof at any time, without notice.

General

To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the City, County, and State of New York in all disputes arising out of or relating to the use of the Avail NYC Website. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Avail NYC as a result of this agreement or use of the Avail NYC Website. Avail NYC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Avail NYC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Avail NYC Website or information provided to or gathered by Avail NYC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Avail NYC with respect to the Avail NYC Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Avail NYC with respect to the Avail NYC Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents of the Avail NYC Website are: Copyright 2016 by Avail NYC and/or its suppliers. All rights reserved.