Conditions of Use 2014-08-15T21:14:01+00:00

Conditions of Use
Downtown/Waterfront Business Improvement District, Inc. of Yonkers, NY (“Downtown BID”) provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions and all applicable laws:

Ownership, License and Restrictions of Use
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to the Downtown BID. In addition, the names, images, pictures, logos and icons identifying the Downtown BID’s products and services are proprietary marks of the Downtown BID and/or holder of such rights. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

Site users are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of the Downtown BID.

Links to Third Party Sites
The Downtown BID provides links to third party web sites for your convenience. The Downtown BID does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by the Downtown BID.

Disclaimers
THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND THE DOWNTOWN BID EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The Downtown BID disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.

LIMITATION OF LIABILITY A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means the Downtown/Waterfront Business Improvement District, Inc. of Yonkers, NY, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

Governing Laws in Case of Dispute; Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of New York, and jurisdiction therefore shall rest solely in New York, USA.

Changes to Site and These Terms and Conditions
This Site and these Terms and Conditions may be changed by the Downtown BID with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.

Entire Agreement; Severability
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Communications
Any communication or other information sent to the Downtown BID via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by the Downtown BID for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to the Downtown BID.

Links to the Downtown BID Web Pages
The Downtown BID permits links to this Site provided (a) you do not remove or obscure, by framing or otherwise, any content, including but not limited to the copyright notice and other notices, (b) you do not directly or indirectly cause any portion of this Site to appear on a user’s computer screen with any material (e.g. URL, text, graphics, pop-up window, audio or other) supplied by or associated with you or a third party, (c) you give the Downtown BID notice of all such links by sending an e-mail to info@YonkersDowntown.com, and (d) you discontinue providing links to this Site if notified by the Downtown BID.

When linking to this Site you may use one or more the Downtown BID logos as a link anchor. To ensure proper usage of the Downtown BID logos, we’ve presented them here. These logos are trademarks of the Downtown BID and the Downtown BID retains all rights in them. The Downtown BID grants you a limited license to use these logos solely for linking to The Downtown BID web pages as provided above. Logos cannot be altered or modified other than to make them larger or smaller. Except for the limited license provided above, the Downtown BID does not grant, by implication, estoppels or otherwise, any license to use any trademark, copyrighted materials or other proprietary materials displayed on this Site and any other use is strictly prohibited.

IF YOU DO NOT AGREE WITH THESE CONDITIONS ABOVE…
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.