Last Updated March 12, 2007
Welcome to the website of NY Student Housing, LLC, which is located at http://www.nystudenthousing.com (the "Website"). Please read these Terms of Use carefully before using the Website. This is a contract between you and NY Student Housing, LLC ("NYSH," "we", "us", or "our") governing your use of the Website. By using the Website, you agree to abide by these Terms of Use.
NYSH is a for profit organization that provides affordable housing in New York City and related services to university students and interns ("Services"). On the Website, users who will be enrolled in a college, university, or educational institution or in an internship affiliated with an educational institution for the duration of their stay in New York City may apply for membership to NYSH. NYSH members are eligible for housing in NYSH residences. All content on the Website shall hereinafter be referred to as the "Content."
NYSH is committed to the principles of equal housing. Housing applications are considered without regard to race, sex, color, religion, national origin, age, disability, or any other status protected by applicable law.
While NYSH makes its membership application and housing application available online, users who do not wish to submit them electronically have the option of printing the applications and then either faxing or mailing them to NYSH.
By accessing the Website and the Services, you (i) agree to use the Content for personal, non-commercial purposes, (ii) agree to provide true, accurate, and current information about yourself as prompted on the Website and through the Services, and (iii) agree to comply with all applicable laws in connection with your use of the Website and the Services.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
You agree to be bound by and comply with NYSH's Privacy Policy and any other policies governing the use of the Services or the Website that are posted on NYSH's home page or provided to you either electronically or otherwise in writing.
NY STUDENT HOUSING, LLC and NYSH are trademark(s)/servicemark(s) of NYSH. Unauthorized use of any NYSH trademark, service mark, or logo may be a violation of federal and state trademark laws. This Website is protected by U.S. and foreign copyright laws. Except for your personal use as authorized above, you may not modify, reproduce, or distribute any portion of the Content without NYSH' prior written permission. NYSH is not affiliated with any college or university.
This Website may contain links to websites operated by other parties. The linked websites are not under the control of NYSH, and NYSH is not responsible for the content available on any other Internet sites linked to the Website. Unless otherwise stated, such links do not imply NYSH' endorsement of material on any other Website, and NYSH disclaims all liability with regard to your access to such linked websites. NYSH provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk.
Unless otherwise set forth in a written agreement between you and NYSH, you must adhere to NYSH' linking policy as follows: (i) any link to the Website must be a text only link clearly marked "NYSH Website;" (ii) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with NYSH' names and trademarks; (iii) the link must "point" to http://www.nystudenthousing.com/ and not to other pages within the Website; (iv) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with NYSH; (v) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking Website; and (vi) NYSH reserves the right to revoke its consent to the link at any time and in its sole discretion.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any Content without NYSH' prior written permission. You further agree that you will not (i) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or (ii) take any action that imposes an unreasonable or disproportionately large load on NYSH' infrastructure as determined by NYSH in its own discretion.
No Warranties
USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYSH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. NYSH MAKES NO WARRANTY THAT (i) THE SERVICES AND CONTENT ARE ACCURATE, TIMELY, UNINTERRUPTED, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND CONTENT WILL BE SATISFACTORY OR MEET YOUR EXPECTATIONS; OR (iii) ANY ERRORS IN THE CONTENT OR SERVICES WILL BE CORRECTED.
You agree to indemnify and hold NYSH harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference (including, but not limited to, the membership application and license agreement) or your violation of any law or the rights of a third party.
YOU UNDERSTAND AND AGREE THAT NYSH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF NYSH HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE SERVICES, THE STATEMENT OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SERVICES OR CONTENT.
NYSH'S LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by NYSH to collect our fees and/or recover damages for, or obtain an injunction relating to, the Website or NYSH's services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or NYSH may seek any interim or preliminary relief from a court of competent jurisdiction in New York City, New York to protect the rights or property of you or NYSH pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1,000.00.
NYSH may, at any time, delete, modify, or supplement these Terms of Use without prior notice. Your continued use of the Website after such changes are posted will constitute your acceptance of such changes.
NYSH reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website, including, but not limited to, content, features, or hours of availability. NYSH may also impose limits on certain features of the Website or restrict access to part or all of the Website without notice or penalty.
The Website is not directed toward individuals under thirteen years old ("Minors") nor do we knowingly collect information from Minors.
The Website is operated by NYSH from its offices in the U.S.A. The law of the State of New York shall govern these terms and conditions, without reference to its choice of law rules. This Agreement, as modified from time to time and including the supplemental terms and policies incorporated by reference, sets forth the entire understanding and agreement between you and NYSH with respect to the subject matter hereof. NYSH shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of NYSH.
If you have any comments or questions about the foregoing, please contact NYSH at comments@nystudenthousing.com.
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