This Website Terms and Conditions of Use Agreement (“Agreement”) governs the use of this Internet website for users (“you” or “your”), as well as use of any related websites that link to this Agreement, and further as well as any related applications, mobile platforms, services, tools, modules, remote services and/or servers, including the BCW Data Exchange website (collectively, the “Website”) that are operated by, under the control of, or otherwise for the direct benefit of The Business Council of Westchester (“The BCW” or “us”, “our” or “we”).
Please read this Agreement carefully as it is binding between you and the BCW, and is subject to change without notice, at our sole discretion. Please refer to www.the BCW.org/terms for updates to this Agreement, which will be posted from time to time.
By accessing the Website, you hereby agree to be bound by all terms and conditions set forth in this Agreement. If you do not agree and/or do not comply with any of the terms and conditions set forth herein, you are not permitted to access the Website or to use any of the content provided on the Website.
- GENERAL INFORMATION
Subject to this Agreement, the BCW permits all users with access to and use of portions of the Website including, but not limited to current events, news reports, articles, and various forms of media. Some features or functionality of the Website, however, may be restricted to registered users and/or members of the BCW. For more information about registration, please see the Account Registration section of this Agreement. The BCW reserves the right to suspend access to any or all parts of the Website at any time without notice.
- AGE RESTRICTION
The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website.
- ACCOUNT REGISTRATION
Access to restricted features, such as the Members Only portal linked from the Website, may be provided for those users that register for an account with us or a third-party partner. Registering for an account may include selecting a user account name and/or password. Your user name and password are personal to you, and you are responsible for maintaining the confidentiality and use thereof, and for all activities (including commercial and non-commercial transactions) that are conducted through your account.
You agree that the BCW shall not be responsible or liable for any harm related to the use or disclosure of your username and/or password. You may not use another user’s username and password to access someone else’s account, without their express permission. If you discover that someone has used your account or is otherwise aware of a security breach in connection with your account, you agree to notify the BCW in writing and to change your username/password immediately.
You acknowledge that any access and all use of any restricted features of the Website, whether provided by us or by one or more third-party partners on our behalf, shall also be governed by this Agreement.
- TRANSACTIONS MADE ON THE WEBSITE
The Website may offer you the opportunity to purchase, order or request materials, content, other products or services, user accounts or memberships provided or offered by the BCW or its partners or licensees or by others with the express written permission of BCW. You certify that the information you provide is complete, accurate and up-to-date.
To place an order, you must be at least 18 years of age and/or have full legal capacity to enter into contracts and possess a valid payment method acceptable to the BCW’s payment provider. The BCW reserves the right to refuse any request or order and to close an account at its sole discretion.
You represent and warrant that you are authorized to use any designated payment method you select, and that you authorize us (or our third-party payment processor) to charge or access your payment method for any orders placed using the Website (including any applicable taxes, delivery charges, and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order and/or account may be suspended or cancelled.
- WEBSITE CONTENT OWNERSHIP
The Website includes content (“Website Content”) such as county reports, current events, legislative agenda, news articles, and other media, provided by the BCW and/or one or more third-party partners. In addition, the Website Content may include various forms of intellectual property, including trademarks, logos, URLs, domain names, text, designs, documents, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, program code or software.
You agree and acknowledge that, except for material in the public domain, the Website Content is owned by the BCW and/or its licensors, and that your use of the Website does not grant you any rights, including ownership of the Website, in the Website Content, unless such permission is expressly granted.
- INTELLECTUAL PROPERTY
Except where expressly stated otherwise, the Website and the Website Content are protected by applicable intellectual property law, including copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.
Solely as permitted by this Agreement, the BCW grants to you a limited, revocable, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or interact with the Website and Website Content. This license granted to you is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions this Agreement, and exists only so long as you strictly agree and comply with the terms and conditions in this Agreement. Such terms and conditions include, but are not limited to, your agreement to refrain from engaging in any of the Prohibited Actions, as defined in Section 12.
Any use of the Website or Website Content by you, or anyone acting on your behalf, that engages in any of the Prohibited Actions violates and/or exceeds the scope of the license granted to you herein, and may constitute unauthorized use, reproduction, display, or creation of unauthorized derivative versions of the Website and Website Content, which infringes legal rights of the BCW and/or its partners.
- CLAIMS OF COPYRIGHT INFRINGEMENT
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any of the Website or Website Content infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Website or the Website Content that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website or Website Content; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to:
The BCW appreciates hearing from the community and welcomes your comments. If you do submit comments, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that the BCW has specifically requested. You agree that the BCW is under no obligation to maintain the confidentiality or secrecy any submitted comments and may, at its sole discretion, disclose any submitted comments to third parties.
Further, the BCW shall not be liable for any use or disclosure of any comments that you provide and the BCW shall be entitled to unrestricted use of any comments provided via the website for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
- GEOGRAPHIC SCOPE
The Website is directed to people residing in the United States and its territories. The BCW does not represent that any Website Content available on or through the Website is appropriate or available in other locations. If you choose to access the Website from outside the United States, you do so at your own risk, and the BCW shall not be liable for any use or access of the Website from outside the United States.
The BCW takes pride in its work, and the information published on the Website is believed to be accurate and reliable. The Website is provided for informational purposes only.
The BCW does not warrant or make any representation as to the completeness, timeliness or accuracy of any Website Content, including any Website Content provided on the BCW Data Exchange website. Any access, use, and reliance upon the Website and Website Content is done at your own risk. To the greatest extent legally permitted, the BCW shall have no liability for any losses or damages incurred through inaccurate, incomplete or timely data provided on the Website, the Website Content or the BCW Data Exchange website.
- PROHIBITED ACTIONS
Without limitation of other rights and remedies of the BCW, your authorization to access and utilize the Website is revoked automatically and immediately upon you, or a third-party acting on your behalf, undertaking, or attempting to undertake, any of the following prohibited actions (“Prohibited Actions”):
- using the Website for any purpose that is unlawful in any applicable jurisdiction in the U.S. or that is prohibited by the terms of this Agreement;
- using the Website for, any purpose, in a manner designed to compete, directly or indirectly, with the services offered by the BCW;
- copying, reproducing, duplicating, exploiting, modifying, adapting, translating or creating derivative works based upon any portion of the Website;
- selling, trading, or distributing the Website;
- modifying the Website in any manner or form, or using modified versions of the Website, for any reason including without limitation to obtain unauthorized access to the Website;
- Interfering with, damage, impair, or disable the operation of the Website by any means;
- disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or uploading or transmitting any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices;
- removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website;
- gaining unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;
- interfering with the proper working of the Website or any activities conducted on the Website;
- obtaining any materials or information through any means not intentionally made available through the Website;
- using any automated means to access the Website for any purpose without our express written consent, or bypass robot exclusion headers or other measures used to prevent or restrict access to the Website;
- using any names, logos, graphics, or trademarks in any manner, including without limitation through framing techniques, meta tags, or “hidden text”, without express written consent;
- removing, altering, or obscuring any trademarks, copyright, or any intellectual property or proprietary rights notices from any Website, including any copy thereof;
- reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of any Website or any part thereof, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- posting or transmitting to us materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic, “spam” or otherwise objectionable; and/or
- contacting us using a false email address or otherwise attempt to mislead us as to the origin of any communication.
- USER CONTENT
- We may host interactive reviews, message boards, blog feeds, social media feeds and other forums found on the Website (collectively, “Forums”), and you may be able to submit comments, reviews, text, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Website (“User Content”).
- By submitting User Content, you certify that you are at least 18 years old.
- You own all rights to your User Content. If you submit User Content to the Website, you grant us a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. The BCW may, at its sole discretion, delete, remove or take down any User Content for any reason.
- You will not make or authorize any claim against us that our use of your User Content infringes any of your rights or the rights of third parties.
- Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
- You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Website and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
- We will have the right (but not the obligation) to monitor the Website, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Website properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
- If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account.
The Website may contain links that provide access to one or more third-party websites that may not be owned or operated by us (“linked third-party website”). The fact that the BCW may link to a third-party website does not indicate or represent any approval or endorsement of such third-party website. The BCW has no control over a linked third-party website and is not responsible for the content of such linked third-party website, including the corresponding privacy practices of the linked third-party website, if any.
The BCW reserves the right, in its sole discretion and for any or no reason, to terminate your access to the Website at any time, with or without notice, without liability to you or any third party.
Furthermore, you acknowledge that any attempt to access the Website subsequent to: (1) a notification of a violation of the terms of this Agreement; or (2) a termination of access; or (3) engaging in Prohibited Actions may constitute unauthorized access under 18 U.S.C § 1030 (Computer Fraud and Abuse Act).
You agree that your failure to abide by the terms of this Agreement may cause irreparable harm to the BCW, for which harm cannot be adequately compensated for by money damages. It is further agreed by you that an order of specific performance or for injunctive relief against you in the event of a breach or default under the terms would be equitable and would not work a hardship on you, your business interests or activities. Accordingly, in the event of a breach or default by you of any term provided hereunder, the BCW may, without any bond or other security being required and in addition to whatever other remedies are or might be available at law or in equity, shall have the right either to compel specific performance by, or to obtain injunctive relief against you, with respect to any obligation or duty herein or breach thereof.
- NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BCW DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BCW OR THROUGH THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS. THE USE OF THE WEBSITE, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE BCW AND ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT REPRESENT OR WARRANT (A) THAT THE MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED; (B) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE; OR (C) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE WITH, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BCW, OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY THIRD PARTY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
If anyone brings a claim against us related to your use of the Website, or your violation of the terms of this Agreement, you agree to indemnify, defend and hold THE BCW and its affiliated companies, and each of its officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). The BCW reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with the BCW in asserting any available defenses.
- PARTIAL INVALIDITY
If any provisions or terms of this Agreement are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
- APPLICABLE LAW AND JURISDICTION
Any claim relating to your use of the Website shall be filed in a federal or state court located within Westchester County, New York, and you consent to the jurisdiction of those courts for such purposes.
If you have any questions about this Agreement, please do not hesitate to contact us at JRavitz@theBCW.org.
- LAST UPDATE
These Terms & Conditions were last updated on May 4, 2018
The Website is made available on an “as is” basis with no representation or warranty with respect to its functionality or availability and with no guarantee that it is complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from using the Website.