Thank you for visiting highny.comm (or highny.org — the “Site”), which is owned and operated by High NY LLC (“I”, “me” or “my”). You should not use or access the Site until you have carefully read the terms and conditions in this Terms of Use agreement and the Site’s Privacy Policy, which is incorporated herein by reference (collectively, the “Terms of Use”). By using or accessing the Site in any way, you agree to the Terms of Use. If you do not agree with the Terms of Use, you may not further use or access the Site.

If you purchase any goods or services offered through the Site, your purchase, and your rights to such goods or services, may be subject to additional terms and conditions.

I encourage you to contact me if you have questions or comments about the Terms of Use. Please address comments or questions to me via email to Welcome [AT] HighNY.com.

USE OF THE SITE: Subject to the Terms of Use and your compliance with the Terms of Use, I grant you a limited, revocable, personal, non-transferable, non-sublicensable license and right to access and use the Site, including without limitation all of its contents, such as text, images, audio and the HTML used to generate the pages, and any goods, services and materials provided by me to you through the Site (collectively, “Content”) solely for personal, internal and non-commercial purposes.

Proprietary Rights: The Content is my property or the property of my suppliers or licensors and is protected by patent, trademark, copyright and other intellectual property laws of the United States and/or other countries. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit or distribute any Content in whole or in part for any public or commercial purpose without my specific written permission. Except as otherwise provided herein, use of the Site does not grant you a license to any Content.

As between you and I, you own any content and materials you post on or through the Site, provided that you hereby grant me a non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, fully-paid up, royalty-free license to use any content or materials you post on the Site or send me through the Site for any purpose.

PROHIBITED USES of the Site: You may only use the Site for lawful purposes. You are responsible for your own communications and are responsible for the consequences of submitting information on or through the Site. You agree not to use the Site to collect, upload, transmit, display or distribute any content or material that I determine, in my sole discretion:
Violates any third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary rights;
Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable;
Is harmful to minors in any way; or
Is in violation of any law, regulation, obligation or other similar restrictions imposed by any third party.
In addition, you agree not to:
Transmit any computer viruses or any software intended to damage or alter a computer system or data through the Site;
Interfere with, disrupt or create an undue burden on my servers or networks;
Attempt to interfere with the function of the Site or any host network supporting the Site, including without limitation by means of a virus, overloading by means of a distributed denial of service (“DDoS”) attack, “flooding”, “mailbombing”, “crashing” or sending unsolicited e-mail, including promotions and/or advertising of products or services;
Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; or
Sublicense, resell, rent, lease, transfer or assign any Content.

Violations of the Site’s supporting systems or network security may result in civil or criminal liability. You shall promptly notify me in accordance with the Contact Information section of the Terms of Use if you learn of any security breach related to the Site or misuse of any Content.

THIRD PARTY WEBSITES: The Site may link to or integrate with other websites operated by third parties, and such other websites may link to this website. I have no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites or the operators of the websites. I am providing these links to you only as a convenience. You release and hold me harmless from any and all liability arising from your use of any third party website or service.

DISCLAIMER OF WARRANTIES: THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” I AM NOT PROVIDING ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE CONTENT, AND I HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE AND FITNESS FOR A PARTICULAR PURPOSE. I DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE AND THE CONTENT.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL I BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY AMOUNT IN EXCESS OF $25 OR (II) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER I HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

INDEMNIFICATION: YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD ME HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE OR YOUR VIOLATION OF THESE TERMS OF USE.

PRIVACY POLICY: In the course of your use of the Site, you may be asked to provide certain information to me. The collection and use of any information you provide via the Site shall be governed by the Site’s Privacy Policy.

CHANGES TO TERMS OF USE: I may modify the Site and/or the Terms of Use from time to time without notice to you. If I make material changes to the Terms of Use, I will post the revised Terms of Use on the Site. You should check the Site and the Terms of Use periodically for such modifications. If you use the Site after any changes to the Terms of Use have been posted, you agree to be bound by the Terms of Use as modified.

GENERAL INFORMATION: The Site is operated and controlled by me in the United States. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States access it on their own initiative and are responsible for compliance with all local laws and regulations. The Terms of Use, and any disputes relating to the Terms of Use or your use of the Site or the Content, shall be governed in all respects by the laws of the State of New York, without regard to conflicts of laws principles. Except as otherwise agreed in writing by me, any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Kings County (BK). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. The Terms of Use set forth the entire agreement between you and I with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. My rights under the Terms of Use may only be waived by me in writing. The Terms of Use are binding on you as well as your successors and permitted assigns. In the event any provision of the Terms of Use is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of the Terms of Use and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of the Terms of Use.