Welcome to www.NewMarkRisk.com (the “Website”) operated by NewMarkRisk, LLC, a New York limited liability company (“Operator”, “we”, “our”, or “us”). The Website enables visitors to the Website (“Visitors”, “you”, or “your”) to learn more about us and the services we offer. This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions which govern your use of the Website. Please carefully review the Agreement before accessing the Website. By accessing the Website, Visitors indicate that they have read and agree to be bound by the terms and conditions set forth in the Agreement. If you do not wish to be bound by the Agreement, you are not authorized to use the Website. We reserve the right to modify the Agreement at any time. We will demonstrate that changes to the Agreement have been made by updating the date indicated after “Last Updated” at the beginning of the Agreement. You agree to review the Agreement periodically to be aware of any such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified version of the Agreement. A current version of the Agreement is accessible via the footer of the Website’s homepage.
- Copyright. The Website contains various copyrighted material and other proprietary content (which may include, without limitation, data, text, software, music, sound, photographs, video, messages, tags, links or other materials) posted by Operator (collectively, “Content”) which is protected by the copyright laws of the United States and/or other jurisdictions. You acknowledge and agree that (i) as between you and Operator, all right, title and interest to all Content belongs to Operator; and (ii) except for that information which is in the public domain or for which you have been given express written permission by Operator, no Content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of Operator or, where applicable, our licensors. However, you may print copies of materials on the Website for your personal, non-commercial use only, provided that you must keep intact all copyright, trademark, and other proprietary notices appearing therein.
- Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings and service names appearing on the Website are Operator’s trademarks or those of our licensors, sponsors, suppliers or other third parties as indicated (collectively, “Trademarks”) and are protected by the trademark laws of the United States and/or other jurisdictions. Except as set forth in Section 1, you may not use, copy, reproduce, republish, distribute or modify any Trademarks in any without our prior written consent or the consent of such any third party trademark holder, as applicable. You agree that you will not use any Trademark of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such Trademark.
- Links; Third Party Websites. The Website may provide links to third party websites. Because we have no control over such websites, you acknowledge and agree that we do not endorse such websites and are not responsible or liable, directly or indirectly, for (i) the availability of such websites, (ii) any Content on or available from such websites, or (iii) your interaction with such website, including without limitation any damage or loss caused or alleged to be caused by or in connection with your interaction with any such websites. Your use of any website linked to from the Website is subject to the policies and procedures of the operator of such website, and you acknowledge and agree that your use of all such websites is subject to such policies and procedures and not to the terms and conditions of the Agreement.
- DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS “AS IS” AND “AS AVAILABLE”. OPERATOR SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED, DIRECTLY OR INDIRECTLY, THROUGH YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OPERATOR. OPERATOR FURTHER DOES NOT MAKE ANY GUARANTY OF THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF, AND IS NOT LIABLE FOR LOSSES OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY CONTENT APPEARING ON THE WEBSITE OR THE USE OF OUR SERVICES, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF ANY SUCH CONTENT OR SERVICES. SPECIFICALLY, OPERATOR DISCLAIMS (I) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE WEBSITE AND ANY OF OPERATOR’S SERVICES, AND (II) ALL WARRANTIES NOT EXPRESSLY GRANTED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE WILL OPERATOR BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE ALLEGED TO ARISE OR ARISING OUT OF YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OPERATOR OR ANY OF OPERATOR’S REPRESENTATIVES (AS DEFINED HEREIN).
- LIMITATION OF LIABILITY. IN NO EVENT SHALL OPERATOR NOR ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, LICENSORS, AGENTS, EMPLOYEES, CONSULTANTS AND OTHER REPRESENTATIVES (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR ANTICIPATED LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR OPERATOR’S SERVICES. THE AGGREGATE LIABILITY OF OPERATOR AND ITS REPRESENTATIVES TO YOU OR ANY THIRD PARTY ON YOUR BEHALF IN ANY CIRCUMSTANCE IS LIMITED TO ONE THOUSAND DOLLARS ($1,000).
- Privacy. Operator views the protection of your privacy as an important responsibility. The terms regulating Operator’s handling of your personally identifiable information (“PII”) and other information by you in connection with the Website is described in our Privacy Policy. By using the Website, you consent to the collection and use of your PII by us as described in the Privacy Policy.
- General. You acknowledge and agree that the Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof. You hereby agree to the personal and exclusive jurisdiction by and venue in the courts located within the County of New York, State of New York, and to receive service of process through certified mail or by other means sanctioned by law, and the parties expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If any provision of the Agreement is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of the Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
- Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at info (at) NewMarkRisk (dot) com.