Legal Notice and Website Terms and Conditions
Website Terms & Conditions were last updated in March 2006.
Please read these Terms and Conditions carefully. By accessing or browsing the New York Merchants Protective Company. websites: www.nympc.com and/or any linked web site (collectively, the “NYMPC Websites”), or by downloading any materials from the NYMPC Websites, you agree to be bound by the Terms and Conditions set forth below. If, at any time, you do not wish to be bound by these Terms and Conditions, you should not access or use the NYMPC Websites. If you visit any other website maintained by New York Merchants Protective Company. (“NYMPC”) or its affiliates, please be sure to refer to the website terms and conditions posted on that site.
TERMS AND CONDITIONS:
Copyright. The information on the NYMPC Websites, including, without limitation, all design, text, images, press releases, and other information, is protected under United States and other copyright laws and is owned by NYMPC or used under license from the copyright owner. Unless otherwise specified or agreed to by NYMPC, you may print, copy and download any information or portion of the NYMPC Websites for your personal use only. You may not modify, copy, reproduce, transmit, display, perform, distribute, transfer, rent, sublicense, publish, frame, store for subsequent use, create derivative works from, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, products or services obtained from the NYMPC Websites, except for the purposes expressly provided herein, without NYMPC prior written consent. If you copy or download any information from the NYMPC Websites, you agree that you will not remove or obscure any copyright or other notices or legends contained in such information. NYMPC neither warrants nor represents that your use of materials displayed on the NYMPC Websites will not infringe rights of third parties not owned by or affiliated with NYMPC. Any unauthorized use of any materials on the NYMPC Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are advised that NYMPC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil damages, penalties, injunctive relief and, if permissible, criminal prosecution.
If you believe that your copyrighted work is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our Copyright Agent with the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyrighted work that you claim has been infringed;
Identification of the allegedly infringing material, and a description of where that material is located on the NYMPC Websites;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512, NYMPC has designated the following agent to receive notices of claimed copyright infringement:
New York Merchants Protective Company.
Attn: Data Entry
P.O. Box 712
Freeport, NY 11520-0712
Please note, any other matters or inquiries (i.e., non-copyright related matters or inquiries) directed to the Copyright Agent will not be addressed or responded to. To contact New York Merchants Protective Company. on other matters, please visit the “Contact Us” section of New York Merchants Protective Company.
Trademarks. The trademarks, logos, and service marks displayed on the NYMPC Websites (collectively the "Trademarks") are trademarks of NYMPC and its affiliates. Nothing contained on the NYMPC Websites should be construed as granting you any license or right to use any of the Trademarks for any purpose whatsoever, including, but not limited to, use of the Trademarks as metatags on other websites, without NYMPC prior written consent. Unauthorized use of any of the Trademarks is strictly prohibited.
Linking. Notwithstanding the preceding paragraphs, you may be granted a limited, nonexclusive right to create a hyperlink to the NYMPC Websites provided (i) you give NYMPC notice of such link by writing to NYMPC, Attention: Marketing Department, P.O. Box, Freeport, NY 11520-0712, (ii) NYMPC confirms in writing that you may establish the link, (iii) you do not remove or obscure the copyright notice or other notices on the NYMPC Websites, (iv) such link does not portray NYMPC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner, and (v) you immediately discontinue providing a link to the NYMPC Websites if so requested by NYMPC or its affiliates. You may not use a NYMPC logo or other proprietary graphic or trademark of NYMPC to link to the NYMPC Websites without the express written permission of NYMPC. NYMPC reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the NYMPC Websites or any of its content or copy portions of the NYMPC Websites to a server. Each page within the NYMPC Websites must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the NYMPC Websites.
No Warranties. The information contained on the NYMPC Websites is provided without any warranties or representations as to the accuracy, completeness or timeliness of such information. NYMPC assumes no liability or responsibility for any errors or omissions in the content of the NYMPC Websites. NYMPC reserves the right to modify the information contained in the NYMPC Websites without notice, and makes no commitment to update the information contained in the NYMPC Websites. Without limiting the foregoing, everything on the NYMPC Websites is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply. NYMPC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer system or other property as a result of your access to, use of, or browsing of the NYMPC Websites or downloading of any information, materials, data, text or images from the NYMPC Websites.
Limitation of Liability. IN NO EVENT SHALL NYMPC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF THE NYMPC WEBSITES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Means of Access. Unauthorized use of the NYMPC Websites and systems, including, but not limited to, unauthorized entry into NYMPC systems, misuse of passwords or misuse of any other information is strictly prohibited. You may not use the NYMPC Websites in any manner that could damage, disable, overburden or impair any NYMPC Website or interfere with any other party’s use and enjoyment of the NYMPC Websites. You may not attempt to gain unauthorized access to the NYMPC Websites, computer systems or networks connected to the NYMPC Website through hacking, password mining or any other means. You agree that you will not engage in any activities with respect to the NYMPC Websites that are contrary to applicable laws or regulations.
Account Access. Certain areas of the NYMPC Websites are protected by passwords. You may not obtain or attempt to obtain unauthorized access to such areas of the NYMPC Websites, or to any other protected materials or information, through any means not intentionally made available by NYMPC for your specific use.
User Name and Password Security. If you have a user name and password for access to the non-public areas of the NYMPC Websites, you are solely responsible for all activities that occur in connection with your user name and/or password. You should take steps to protect the confidentiality of your user name and password. If you become aware of any disclosure, loss, theft or unauthorized use of your user name and/or password, please notify NYMPC immediately.
Forward-Looking Statements. The NYMPC Websites may contain both historical and forward-looking information. Statements regarding potential global improvements at NYMPC operations, the financial environment in any given country, investments in information technology, financial results, global leadership, the secured transportation or security business, operating profits, improvements in operating efficiencies, customer retention efforts and prospects to grow NYMPC involve forward-looking information which is subject to known and unknown risks, uncertainties and contingencies, which could cause actual results, performance and achievements to differ materially from those that are anticipated. Such risks, uncertainties and contingencies, many of which are beyond the control of NYMPC, include, but are not limited to, overall domestic and international economic and business conditions, the domestic and international demand for NYMPC services, pricing and other competitive factors in the industry, new government regulations, and/or legislative initiatives, variations in costs or expenses and delays or problems in the implementation of information technology by NYMPC and/or any public or private sector supplier, service provider or customer.
Indemnification. As a condition of your use of the NYMPC Websites, you agree to indemnify and hold NYMPC harmless from and against all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from your use of the NYMPC Websites, or from your violation of these Terms and Conditions.
Governing Law and Jurisdiction. The laws of the state of New York will apply to all matters relating to the use of the NYMPC Websites. Those who choose to access the NYMPC Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent such local laws are applicable. You agree to submit to the exclusive personal jurisdiction and venue of the Courts of Nassau County, New York.
Severability. If a court of competent jurisdiction deems any provision of these Terms and Conditions unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Violations. NYMPC reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to terminate your access to the NYMPC Websites for any reason, without prior notice.
Changes. NYMPC may revise these Terms and Conditions at any time, without prior notice; however, the most current version of the Terms and Conditions will always be available to you by clicking on the link at the bottom of the NYMPC Websites. You are encouraged to regularly review these Terms and Conditions to ensure that you are aware of any changes. By continuing to access or use the NYMPC Websites after changes in the Terms and Conditions have been posted on the NYMPC Websites, you agree to be bound by the most recent version of these Terms and Conditions. These Terms and Conditions are in addition to any other agreements that may exist between you and NYMPC including any agreements that govern your use of products, services, content, tools and/or information available on the NYMPC Websites.
Copyright © 2006 New York Merchants Protective Company. All rights reserved.