Terms of Use
Welcome to the Online Membership Web site of the NYSSA. ("us", or "our"). The products presented on the the NYSSA web site ("site") are provided subject to the following terms and conditions. If you visit the site, you agree to be bound by these terms and conditions as in effect at the time of your visit. Please read them carefully.
PRIVACY
You should review the terms and conditions of our
Privacy Policy, by
which you also agree to be bound as a condition
of visiting and/or purchasing a membership at the site.
ELECTRONIC COMMUNICATIONS
When you visit the site or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. You agree that all
agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any and all legal requirement that such communications be
in writing.
USE OF MESSAGE SERVICES
You agree not to use this site to submit, transmit, or otherwise make available
in any manner, including, but not limited to, any content (i) that is unlawful,
harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous,
invasive of another's privacy, or is otherwise objectionable, (ii) that infringes
the intellectual property rights of any party or (iii) which contains a chain letter
or constitutes any form of mass mailing. You may not use a false e-mail address
or otherwise provide information that would be misleading as to the origin of such
content. Though the NYSSA does not regularly review content you submit to this
site,
the NYSSA reserves the right to edit such content in any way and to refuse
to process any orders including content that violates these Terms of Use or that the NYSSA
finds objectionable for any or no reason. You represent and warrant
that you possess all necessary rights to use the content that you submit to this
site and that use of such content does not violate these Terms of Use. You agree
to defend, indemnify, and hold the NYSSA harmless from and against any and all
claims arising out of or relating to any content that you submit to this site. By
submitting content to this site, you automatically grant, or warrant that the owner
of such content has expressly granted, a royalty-free, perpetual, irrevocable right
and license to use the content in any manner that the NYSSA deems appropriate,
in its sole and exclusive discretion, consistent with the NYSSA's Privacy Policy.
COPYRIGHT
All content included on this site, such as, but not limited to, images, text, graphics,
logos, and button icons, is the property of the NYSSA or its content suppliers and
is protected by United States and international copyright laws. All content on this
site that is not the property of the NYSSA is used with permission.
The arrangement and compilation of all content on this site are the exclusive property
of the NYSSA
and are protected by U.S. and international copyright laws. All
software used on this site is the property of the NYSSA or its software suppliers
and is protected by United States and international copyright laws. Display and
use of certain images on the site are subject to additional conditions as set forth
in the "Special Conditions" section below. TRADEMARKS Certain marks used on our
site are registered trademarks or service marks of the NYSSA, in the United
States and other countries. Certain the NYSSA graphics, logos, page headers,
button icons, scripts, and service names are trademarks, service marks, or trade
dress of the NYSSA or its affiliates. the
NYSSA's trademarks and trade dress
may not be used for any commercial or other purposes by any party other than the NYSSA or its affiliates without the prior written consent
of the NYSSA. All other
trademarks and service marks not owned by the NYSSA or its affiliates or subsidiaries
that appear on this site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by the
NYSSA.
COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS
The NYSSA honors the intellectual property rights of others. If you
believe that your work has been copied or used on this site in a way that constitutes
copyright or trademark infringement, please notify the NYSSA by following the
procedure set forth in the immediately following paragraph. Upon receipt of any
bona fide claim of infringement, or upon becoming aware of any actual or alleged
infringement by any other means, the NYSSA will remove such actual or alleged
infringing products from the site pending our investigation. Notice and Procedure
for Making Claims of Copyright / Trademark Infringement If you believe that your
work has been copied, distributed, or used by the NYSSA in a way that constitutes copyright or trademark
infringement, please provide the NYSSA's agent with the
written information specified below. Please note that this procedure is exclusively
for notifying the NYSSA and its affiliates of your belief that your copyrighted
material or trademark(s) has been infringed. An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright or trademark
interest; A description of the copyrighted work or trademark that you claim has
been infringed; A description of the site location of the claimed infringing material,
including the ID number, if applicable; Your address, telephone number, and e-mail
address; A statement by you that you have a good-faith belief that the claimed infringing
use is not authorized by the copyright or trademark owner, its duly authorized agent,
or the law; A statement by you that the above information in your notice is accurate
and that you are the copyright or trademark owner or are authorized to act on the
copyright or trademark owner's behalf.
LICENSE AND SITE ACCESS
The NYSSA grants you a limited, revocable, nonexclusive license to access and
make personal use of this site as a customer of the NYSSA; however, you are
not permitted to download (other than page caching) or modify the site or its contents,
or any portion thereof, without the prior written consent of the NYSSA. This
license does not include any resale or commercial use of this site or commercial
use of its contents, or any portion thereof; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site or its contents;
any downloading or copying of account information for the benefit of another party;
or any use of data mining, robots, or similar data gathering and extraction tools.
This site, in whole or in part, may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without the prior
written consent of the NYSSA.
You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of the NYSSA or our affiliates without the NYSSA's
prior written consent. You may not use any meta tags or any other "hidden text"
utilizing the NYSSA's name or trademarks without the prior written consent of the NYSSA. Any use of this site or its contents that is not expressly authorized
herein is prohibited and immediately terminates the license granted herein by the NYSSA.
You may not create any link to use any the NYSSA logo or other proprietary graphic
or trademark as part of the link without the NYSSA's prior written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
the NYSSA and its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may send reviews, comments, and other communications, and submit
suggestions, ideas, or questions, to us. MEMBERSHIP DESCRIPTIONS the NYSSA attempts to describe the club memberships
offered on the site as accurately as possible. However, the NYSSA does not warrant
that product descriptions or other content of this site are accurate, complete,
reliable, current, or error-free. If a membership
offered by the NYSSA and purchased
by you is not as described, your sole remedy is to contact us
for a refund or credit.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NYSSA WARRANTS THAT THE MEMBERSHIP PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY
TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY
IN THE IMMEDIATELY PRECEDING SENTENCE, THE NYSSA MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, AND YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE NYSSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. the NYSSA DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM the NYSSA ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE NYSSA WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the site, you agree that the laws of the state of New York,
without regard to principles of conflict of laws, will govern this Terms and Conditions
of Use agreement and any dispute of any sort that might arise between you and the NYSSA
relating to that agreement.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our Privacy Policy
posted on this site. These policies also govern your visit to the NYSSA. We
reserve the right to make changes to our site, policies, and this Terms and Conditions
of Use agreement at any time and in our sole discretion; therefore, you should review
those policies, terms, and conditions each time you visit the site. Your continued
use of the site after we make any such changes constitutes your binding acceptance
of those changes. If any of the terms or conditions herein shall be deemed invalid,
void, or for any reason unenforceable, that term or condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining term or condition.
REFUND POLICY
Please look over your club membership carefully and be sure you selected
the correct club. NYSSA does not provide refunds for joining the wrong
club. Once you push “PAY NOW” please allow the system time to respond,
which could be several seconds if you have a poor connection. Not waiting
can result in a double payment. NYSSA will provide a refund if you are
double charged for the same club membership. Please call 888-624-3849
ext. 103 ASAP if there are any questions on your membership.