BMNY is Responding to the Coronavirus (COVID-19) Impact on New York State Businesses. Find more resources at the Empire State Development homepage.
2. Registration Data; Account Security.
You agree to (a) provide accurate, current and complete information on any registration forms on the Website, including any mentor profile or entrepreneur profile submitted by you ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You hereby authorize New York State to verify the information supplied in your New York State Application when and as New York State deems necessary and advisable, and to the extent permitted by applicable law. Notwithstanding the foregoing, New York State shall be under no obligation to verify the information supplied in your New York State Application and may rely on such information without taking any further action. You consent to receiving communications and notices from New York State at the email address you provide in your Registration Data or otherwise elect in your account settings.
This Website takes technical and other precautions to protect our users' information. If you have questions about the security of the Website, please contact: firstname.lastname@example.org. Please note that you post User content at your own risk. Please be aware that no security measures are perfect or impenetrable. We are not responsible for unauthorized circumvention of any security measures contained on the Website.
3. Non Commercial Use.
4. Proprietary Rights in Website Content.
Software, documentation, electronic text and image files, audio and video clips and all other content on the Website are proprietary and protected by copyright and intellectual property laws and may be covered by other restrictions as well. New York State retains all rights, including copyright, in data, image, text, and any other information contained in the Website or its files. Copyrights and other proprietary rights in the material on the Website may also subsist in individuals and entities other than, and in addition to, New York State. The copying of any protected materials on this Website without written permission is expressly prohibited. Permission for such use is granted on a case by case basis at the sole discretion of New York State. All requests should be directed to email@example.com. For use of copyrights and other proprietary rights that may subsist in third parties other than and in addition to New York State, those third parties must also be contacted directly for permission to copy and use their protected materials.
"New York State", the "New York State" logo and other New York State or Empire State Development graphics, logos, designs, page headers, button icons, scripts and service names are our trademarks or trade dress in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
6. User Content Posted on the Website.
8. Intellectual Property Rights Complaints.
When we receive proper notification of alleged copyright infringement, we will investigate and may remove or disable access to the allegedly infringing material and may terminate, in our sole discretion, the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act and other applicable law. We may also, at our sole discretion, limit access to the Website and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that any material on the Website infringes upon any copyright which you own or control, you may flag that content as inappropriate. New York State will assess the material and may remove the material from public viewing.
Non-Use. You will not use nor attempt to use any MicroMentor Partner Organizations’ activities relating to this Agreement as notice or knowledge of any patent, or as evidence of infringement in any claim or action for damages asserting that any MicroMentor Partner Organization has infringed your Intellectual Property Rights.
9. Third Party Websites and Content.
The Website contains (or you may be sent through the Website) links to other web sites ("Third Party Websites") as well as articles, photographs, text, items and other content belonging to or originating from third parties (the "Third Party Components"). Such Third Party Websites and Third Party Components are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the acts or omissions of any Third Party Websites or Third Party Components. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Components, you do so at your own risk and our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Website to which you navigate from the Website or relating to any Third Party Components.
10. Content Feeds and Viral Distribution Widgets.
In order to promote the volunteer opportunities available on the Website, some features of your profile may be exported to Third Party Sites to notify prospective users of the kinds of volunteer opportunities that exist on the Website. Such features that may be exported to Third Party Sites include, but are not limited to, your name, picture, industry, business name, experience needed, city and state of business, mentoring request summary, mentoring request expertise, profile URL and mentoring request URL.
11. User Messaging.
By sending communications to other Users (including, but not limited to, mentor/mentee requests), you consent to New York State storing the conversations you have with other Users on its servers owned or controlled by us. You understand that even if you delete a conversation you have with another User, that User may also be able to save it. You further agree that we may retain, use, and scan copies of your conversations for a limited time solely to filter spam, detect viruses, and test and improve our messaging services. We may also scan the text of your conversations in order to filter spam and detect viruses.
12. Disclaimer of Warranties.
a) YOUR USE OF THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, ARE AT YOUR SOLE RISK. THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEW YORK STATE, NEW YORK STATE URBAN DEVELOPMENT CORPORTION D/B/A EMPIRE STATE DEVELOPMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTIES THAT HAVE FACILITATED THIS PROGRAM (the "FACILITATING PARTIES"), PARTNERS, LICENSORS AND USERS EXPRESSLY DISCLAIM TO YOU ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FOR PURPOSES OF CLARITY, YOU UNDERSTAND AND AGREE THAT ALL DECISIONS MADE BY YOU WITH RESPECT TO AND AS A RESULT OF PARTICIPATING IN THE PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE ARE YOUR'S ALONE, AND NEW YORK STATE DOES NOT MONITOR OR VERIFY THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE PROVIDED ON OR VIA THE WEBSITE AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE.
b) NEW YORK STATE, NEW YORK STATE URBAN DEVELOPMENT CORPORTION D/B/A EMPIRE STATE DEVELOPMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, FACILITATING PARTIES, MENTORS, PARTNERS, LICENSORS AND USERS MAKE NO WARRANTY TO YOU THAT (i) THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, WILL BE ACCURATE, RELIABLE OR GENERATE BENEFIT (INCLUDING WITHOUT LIMITATION ECONOMIC BENEFIT) TO YOU; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE.
c) ANY MATERIAL OR INFORMATION DOWNLOADED, OTHERWISE OBTAINED OR USED THROUGH THE USE OF THE WEBSITE OR ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE IS MADE AVAILABLE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, BUSINESS, BUSINESS REPUTATION, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR INFORMATION.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEW YORK STATE OR THROUGH OR FROM THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE, SHALL CREATE ANY WARRANTY AND ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation on Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEW YORK STATE, NEW YORK STATE URBAN DEVELOPMENT CORPORTION D/B/A EMPIRE STATE DEVELOPMENT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, FACILITATING PARTIES, MENTORS, PARTNERS, LICENSORS AND USERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COSTS, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW YORK STATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS, ADVICE, PARTICIPATING IN MENTORING RELATIONSHIPS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (d) ANY OTHER MATTER RELATING TO THE WEBSITE, AND ANY PROGRAMS OR SERVICES OFFERED VIA THE WEBSITE.
14. Disputes with other Users.
You are solely responsible for your interactions with Users and any disputes that may result from such interactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
15. Disputes and Jurisdiction.
If there is any dispute about or involving the Website, you agree that the dispute will be governed and interpreted under the laws of the State of New York without regard to its conflict of law provisions and will be resolved in a state or federal court located in New York County, New York. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, New York County.
You agree to indemnify and hold New York State, New York State Urban Development Corporation d/b/a Empire State Development, its subsidiaries and affiliates, and each of their directors, officers, agents including Facilitating Parties, Mentors, contractors, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website, any User Content you post on or through the Website, your conduct in connection with your participation in New York State's programs and/or arising from a breach of this Agreement.