WEBSITE TERMS OF USE
December 2018
Acceptance of the Terms and Conditions
This Website Terms of Use Agreement (this “Agreement”), states the terms and conditions under which you may use this website (the “Site”). Please read this Agreement carefully. The Site contains various information relating to New York Therapy Animals, Inc. (“New York Therapy Animals” or “we”) in the form of text, graphics (such as photographs), news, reports, and other materials (tangible or intangible) (“Content”). By accessing, browsing and/or using the Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement and the related Website Privacy Statement. If you do not accept this Agreement and such Website Privacy Statement (and therefore do not agree to be bound by both), do not use the Site. We reserve the right to amend this Agreement and/or the related Website Privacy Statement at any time by posting the amended terms on the Site.
Restrictions on Use of Materials
You acknowledge that the Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of New York Therapy Animals or any other party (each a “Contributor”) who has been involved in the preparation or publication of the Content. You shall at no time assert any claims of ownership over any Content by reason of your use of or any right to use the Site and shall not grant or create or suffer to exist any lien or other security interest arising therefrom. You agree to comply with all copyright and trademark laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use and that you maintain any notices contained in the Content, or maintained by the Contributor, such as all copyright notices, trademark legends, or other proprietary rights notices. You shall not store electronically any significant portion of any Content. New York Therapy Animals authorizes you to view and use the Content on the Site solely for your personal, noncommercial use. The use of the Content on any other site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without the prior written approval of New York Therapy Animals.
DISCLAIMER OF WARRANTY
THE CONTENT PROVIDED ON THE WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF NEW YORK THERAPY ANIMALS, ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “NEW YORK THERAPY ANIMALS PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
NONE OF THE NEW YORK THERAPY ANIMALS PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THIS SITE, ITS SERVER OR FILES, IF ANY, AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
THE NEW YORK THERAPY ANIMALS PARTIES DO NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NEW YORK THERAPY ANIMALS PARTIES DISCLAIM ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES WITH RESPECT TO RESULTS, IF ANY, THAT MAY BE OBTAINED FROM THE USE OF THE SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE NEW YORK THERAPY ANIMALS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR ANY CONTENT AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL ANY OF THE NEW YORK THERAPY ANIMALS PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THE CONTENT, THE RELATED WEBSITE PRIVACY STATEMENT, OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE NEW YORK THERAPY ANIMALS PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Links to Other Sites
As a convenience to you, the Site may periodically provide links to third-party websites through links available on the Site including websites of entities that are affiliated with New York Therapy Animals (“Third-Party Sites”) where we feel it is appropriate. Lists of links are not complete lists of relevant and/or useful internet resources. Our decision to link to a Third-Party Site is not an endorsement of the content in that linked Third-Party Site. THE NEW YORK THERAPY ANIMALS PARTIES ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEB SITE, NOR DO THE NEW YORK THERAPY ANIMALS PARTIES MAKE ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY, CURRENTNESS, OR COMPLETENESS OF SUCH CONTENT) ON ANY THIRD-PARTY WEB SITES, AND THE NEW YORK THERAPY ANIMALS PARTIES SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY OF THE FOREGOING. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns to the Third-Party Sites’ administrator or webmaster.
No Framing Allowed
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for the Site may be retransmitted without the express written consent of New York Therapy Animals.
Copyright Complaints
If you think that any Content infringes your copyright, please summarize your concern in an email and send it to the Executive Director, New York Therapy Animals, Inc. at Nancy@NewYorkTherapyAnimals.org.
Personally Identifiable Information
The practices and policies of New York Therapy Animals with respect to the collection, if any, of personally identifiable information from the Site, and its use, is governed by the Website Privacy Statement of New York Therapy Animals.
Termination
New York Therapy Animals reserves the right, in its sole discretion, at any time and for any reason, and without prior notice or liability, (i) to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content, and (ii) to change, suspend, or discontinue all or any part of the Site or the Content.
User Must Comply with Applicable Laws
This Site is based in New York and is intended for use in the New York City metropolitan area. New York Therapy Animals makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access the Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Miscellaneous
In the event that any portion of the Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the Agreement shall remain in full force and effect. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of the Agreement. The failure of New York Therapy Animals to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws rules. Any action relating to the Content, Site, the related Website Privacy Statement or this Agreement must be brought in the federal or state courts located in New York, and you hereby irrevocably consent to the jurisdiction of such courts. Any cause of action you may have with respect to the Content, Site, the related Website Privacy Statement or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or it is barred. This Agreement and the related Website Privacy Statement contain the entire agreement of the parties relating to the Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
WEBSITE PRIVACY STATEMENT
December 2018
This Website Privacy Statement (“Website Privacy Statement”) applies in connection with the website of New York Therapy Animals, Inc. (“New York Therapy Animals” or “we”). Use of such website (the “Site”) is subject to the Website Terms of Use Agreement for the Site (the “Website Terms of Use”). Capitalized terms used and not defined in this Website Privacy Statement have the meaning given to them in the Website Terms of Use.
Your privacy is important to New York Therapy Animals. We value you, as a user of the Site, and will take measures to protect the personally identifiable information (“Personal Information”), if any, provided by and collected from you as you use the Site.
What Information Does New York Therapy Animals Collect About Site Visitors?
The Site is not intended or designed to have individual visitors submit their Personal Information. However, the Site collects some information about use of the Site. Whenever you interact with the Site, we and our service providers receive and store certain types of information. For example, we may use “cookies” or other Site usage tools to obtain information when your web browser accesses the Site. A cookie is an alphanumeric identifier, which we transfer to your computer via your Web browser and store on your computer’s hard drive. On most web browsers you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie, and how to turn cookies off.
Links to Third-Party Sites
You may be able to access third party websites through links available on the Site. You understand and agree that your use of such third-party sites will be governed by the privacy policies of those sites and not by this Website Privacy Statement. The New York Therapy Animals Parties will not be responsible for the actions of the operators of such third-party websites.
Children
The Site is not intended for use by children under the age of 13. As mentioned above, the Site is also not intended or designed to have individual visitors of any age submit their Personal Information. New York Therapy Animals encourages parents and legal guardians to monitor their children’s Internet usage and to instruct their children to never provide information on any website without permission from their parents or legal guardians.
Website Terms of Use, Notices, and Revisions
If you choose to visit the Site, your visit and any dispute over privacy is subject to this Website Privacy Statement and the Website Terms of Use, including limitations on damages and application of the law of the State of New York. If you have a concern about privacy at the Site, please send an email with a detailed description of your concern to the Executive Director, New York Therapy Animals, Inc. at Nancy@NewYorkTherapyAnimals.org. and we will try to resolve it. Our activities and the Site change from time to time. The Website Terms of Use and this Website Privacy Statement may change also. Our use of information that we receive and store is subject to this Website Privacy Statement and Website Terms of Use in effect at the time of our use of such information. If we decide to change this Website Privacy Statement, we will post the revised Website Privacy Statement on the Site.