LEGAL MENTIONS

 

The website www.lexnyconsulting.com is the property of LEXNYC LLC.

 

The data provider for the production of the website is LEXNYC.

LEXNYC is in charge of the website maintenance.

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This site is governed by US legislation relating to copyright law, trademark law and, generally, to intellectual property rights. Any reproduction or representation of LEXNYC content and logo , total or partial, alone or integrated into other elements, without express and prior written permission from LEXNYC is strictly prohibited.

 

By completing our contact forms, you agree that LEXNYC may contact you in relation to your request and to provide you with information for marketing or commercial purposes. Your details will not be passed on to third parties. 

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TERMS OF USE AND PRIVACY POLICY

 

These Terms of Use and Privacy Policy (this “Agreement”) is between You and LEXNYConsulting (“LEXNYC”). This Agreement sets forth the terms and conditions governing Your use of LEXNYC’s Website currently located at wwwlexnyconsulting.com (the “Site”) and Your use of LEXNYC’s systems and services (collectively, the “Solution”). BY SUBMITTING A CONTACT FORM TO LEXNYC, YOU ACCEPT, WITHOUT LIMITATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. If you do not accept all of the terms and conditions of this Agreement, do not use the site or submit a member application to LEXNYC.

 

From time to time, changes in law or in the LEXNYC business may require LEXNYC to update this Agreement. We appreciate Your use of the Site and our Solution and respect Your choice of whether to accept such changes. Notice of each such change shall be posted on the Site, and Your continued use of the Site and/or Service shall constitute Your acceptance of the modified version of this Agreement. If you do not agree with any such changes, please contact LEXNYC by email. LEXNYC, in its sole discretion, may also add, delete or change some or all of the features of the Site or LEXNYC’s services at any time. The terms "You" and "Your" as used herein refer to all individuals and/or entities accessing the Site for any reason.

 

1. Acceptable Use. The Site and Solution consist of a collection of resources for (i) people and organizations who have registered by email with LEXNYC (“LEXNYC Clients”), (ii) individuals who have completed our contact forms via the Site (“Prospect Users”), and (iii) passive visitors to the Site ((i), (ii) and (iii) collectively, “End Users”). Such resources include networking events for LEXNYC Clients and various content such as newsletters, event listings, advice and other information (“Content”). It is a condition of Your use of the Service that You do not: Use any other LEXNYC Client’s personal information (including, without limitation, other LEXNYC Clients’ name, phone number, email or mailing address) for any purpose other than in furtherance of the networking objectives of LEXNYC. Restrict or inhibit any other End User from using and enjoying the Service. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law. Post or transmit any information or other material that (i) violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder, or (ii) contains a virus or other harmful component. Post, transmit, or in any way exploit any information, software, or other material for commercial purposes other than in furtherance of the networking objectives of the LEXNYC. You understand that LEXNYC has no obligation to monitor Your use of the Solution. However, LEXNYC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in LEXNYC's sole discretion are objectionable or in violation of this Agreement. LEXNYC reserves the right: (i) to release current or past LEXNYC Client, Prospect or User information if it believes that a LEXNYC Client, Prospect or User account is being used to commit unlawful acts, if the information is subpoenaed; (ii) to deny access to the Service to serious or repeat offenders of LEXNYC policies or this Agreement; (iii) to deny access to the Service to End Users for conduct that LEXNYC believes is harmful to other End Users or to LEXNYC as an organization; and (iv) to deny access to the Service to End Users who interfere with the design and operation of the Service without written authorization.

 

2. Your Content. “Your Content” includes any information or materials You provide to us, whether in social media or otherwise. Subject to the LEXNYC Privacy Policy in Section 4 below, by posting Your Content on or through the Site, You automatically grant LEXNYC and LEXNYC Clients a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display Your Content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights to others, solely for non-commercial purposes. You are solely responsible for Your Content. We act as a passive conduit for the online distribution and publication of Your Content. However, we may take any action we deem necessary or appropriate in our sole discretion if we believe Your Content creates a risk of liability to LEXNYC.

 

3. Copyright. If You believe that any information or content owned by You, has been used on the Site in a manner that constitutes copyright infringement, please provide LEXNYC’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that You claim is infringing is located on the Site; Your address, telephone number, and e-mail address; a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by You, under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. LEXNYC’s Copyright Agent for notice of claims of copyright infringement on the Site may be reached using the contact information set forth in Section 8 below.

 

4. Privacy Policy. In the course of Your registration and/or use of the Site and Solution, You may submit personal information and other information to LEXNYC. The following terms describe how LEXNYC uses Your information: Contact Information: The mail-in application form to become a LEXNYC Client, as well as some areas of our Site, request or require contact and other information. During the registration process (for LEXNYC Clients, Prospect and ES Users), we collect information such as Your name, mailing address, phone number, and e-mail address. Your contact information will be used to administer the LEXNYC mailing lists and provide You with mailings that You have requested, and may be used to get in touch with You when necessary with respect to the Solution or the Site or for other internal purposes. We may also use Your contact information to respond to inquiries You submit to us, or to otherwise fulfill the purposes for which You submitted such information to LEXNYC in the first place. We may also share Your contact information with a court or governmental agency if required by law, as required by a court of competent jurisdiction or to the limited extent described below under “Certain Third Party Transactions”. Profile Information: During the registration process, and at any time thereafter, you may also provide LEXNYC with additional information about Yourself, other than contact information, such as information about Your business, Your interests, Your background and products or services You wish to provide or obtain. We may use this information to better target You with newsletters and opportunities that are geared towards LEXNYC Clients with Your particular profile, or to track the success of our Site and Solution. Corrections and Opt-Out: If any of Your information changes or is incorrect, or if You want to opt-out of receiving any communications LEXNYC may send to You regarding the Solution, the Site or otherwise, please email Your request to christine@lexnyconsulting.com. Security: This Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. However, it is not possible to guarantee the security or integrity of information You disclose online since a sufficiently powerful attack from an unauthorized third party could compromise Your data. Certain Third Party Transactions: We may disclose Your information to third parties we engage to provide services that involve data processing on our behalf. Such third parties do not include advertisers or marketers that would contact or solicit You. We will only disclose Your information to such third parties provided that they adhere to the same restrictions regarding use of Your information as are set forth in this Agreement.

 

5. Limitation of Liability. Under no circumstances, including, but not limited to, negligence, shall LEXNYC be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Site or Solution. You specifically acknowledge and agree that LEXNYC is not liable for any defamatory, offensive, or illegal conduct of any End User. If You are dissatisfied with any material on the Site or with the Service, or with any of the terms and conditions of this Agreement, Your sole and exclusive remedy is to discontinue using the Service.

 

6. Disclaimers. The Site provides links and pointers to Internet sites maintained by third parties. LEXNYC does not operate or control in any respect any information, products, or services on these third-party sites. The materials in this Site and the third-party sites, including without limitation all advice, research and other information, are provided for informational purposes only and are provided "as is" and without warranties of any kind either express or implied, and LEXNYC shall not be liable for Your reliance thereon. To the fullest extent permissible pursuant to applicable law, LEXNYC disclaims all warranties, express or implied, with respect to the Site, Service and otherwise, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. LEXNYC does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. LEXNYC does not warrant or make any representations regarding the use or the results of the use of the materials in this Site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

 

7. General. This Agreement is governed by the laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within New York, New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use provided by LEXNYC for areas of the Site, a particular "Legal Notice," or other notices provided by LEXNYC on particular Web pages, this Agreement constitute the entire agreement between You and LEXNYC with respect to the use of the Site.

 

8. Tax Deductibility of Dues, Fees & Contributions. LEXNYConsulting is not a charitable organization and therefore any gift, contribution, dues payment or fees should be considered a general business expense.

 

9. Contact Us. If You have any questions about this Agreement, the Service, the practices of this Site, or Your dealings with LEXNYC, You can contact: Magalie Chassard  magalie@lexnyconsulting.com