Last Updated: September 1, 2013
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOUR USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
Certain programs or features offered by the Services, and certain areas within this and/or other Services may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
Quick guide to contents
1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
If you register for an account to use the Services, you must complete the registration process specified on the Site or through the Mobile App by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password and a user name. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify New York Life immediately of any unauthorized use of your account. New York Life is not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.
You may cancel your account or subscription to the Services at any time by clicking here to e-mail us.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. NEW YORK LIFE AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE AND ITS CONTENTS (THE “NEW YORK LIFE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE NEW YORK LIFE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NEW YORK LIFE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE NEW YORK LIFE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. NEW YORK LIFE IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NEW YORK LIFE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
In no event shall the New York Life Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Services, or the content of any site or sites linked to from the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if New York Life has been advised of the possibility of damages. In no event shall New York Life’s liability exceed the total amount paid by you to New York Life, if any, for accessing the Services.
You agree to defend, indemnify and hold harmless the New York Life Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software. You agree to cooperate fully with New York Life in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
6. MODIFICATION/TERMINATION OF THE SERVICES
New York Life may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof at any time for any reason with or without notice to you.
If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. New York Life shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.
Except where otherwise provided, the Services are currently available without charge. New York Life reserves the right to charge a fee for access to or use of the Services, including the Site, the Mobile App and any other services available through the Services, at any time in the future, and New York Life will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.
7. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SERVICES
Any software that is made available in connection with the Services, including applications (such as the Mobile App), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, New York Life and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. New York Life has no liability with respect to any Software owned or controlled by third parties.
The Services are for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:
9. INTERACTIVE SERVICES AND USER MATERIALS
The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in New York Life’s sole discretion.
New York Life does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services (collectively, “User Materials”). New York Life is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, New York Life reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. New York Life is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
The information and opinions expressed in User Materials are not necessarily those of New York Life or its content providers, advertisers, sponsors, affiliated or related entities, and New York Life makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. New York Life does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. New York Life has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the Site is ìpublic,î and in addition to the license granted to New York Life, other users will have access to your User Materials and might copy, modify or distribute them. If you are aware of any User Materials which violate this Agreement, please contact us by clicking here. Please provide as much detail as possible, including a copy of the underlying material, the location where New York Life may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and New York Life will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled ìCopyright Infringement.î
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that New York Life, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
The Services may allow you to spread the message about the Services, including referral programs that permit you to submit information from the Services about other persons (each, a ìReferred Personî), including, without limitation, U.S.-based email addresses, wireless telephone numbers, names, street addresses and other contact information, so they may receive information and/or promotional offers concerning the Services. You should obtain the consent of the Referred Person prior to providing us with his or her contact information.
We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of communications with any particular Referred Person from time to time. A Referred Person must be of legal age of majority in his/her jurisdiction of residence, and be able to register for, or use, the Services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the Services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our ìdo not contactî or ìdo not e-mailî lists. We may also reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of this Agreement, or (c) we determine in our sole discretion that the participation of such individual may be harmful to us, the Services, or any third party. We specifically disclaim any liability for such rejection.
We may send you a confirmation to inform you that the Referred Person has registered for an account. If you engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we may discontinue providing the Services to you. We may also offer incentives or rewards in connection with a referral program, and any such incentives or rewards shall be subject to any Additional Terms which are deemed incorporated into, and subject to, this Agreement. We may suspend or terminate any and all referral programs without notice, reason or liability.
For any voting/rating features that are available through the Services, you must follow all instructions and limitations provided via the Services to submit your votes/ratings. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. New York Life is not liable for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause impair the administration, security, or fairness of the voting/rating. We may disqualify any individual we find to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding.
Through use of the Services, you may be able to: (a) upload content to the Site via your mobile Device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the ìMobile Servicesî). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services, including the Siteís operations. Any equipment or software causing interference will be immediately disconnected from the Services, and New York Life may immediately suspend or terminate your further use of the Services. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Services.
Some Services on this Site may be offered to you conditioned on your payment of a fee (each, a ìNew York Life Premium Serviceî). By using the New York Life Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service, in addition to the general terms provided below. You may register for the New York Life Premium Service by completing the applicable registration form.
Member Account and Password
You are responsible for any membership name and password that is associated with your account during registration. If a New York Life Premium Service does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration. It is your responsibility to maintain the confidentiality of your password, if one is established. You are entirely responsible for any and all activities that occur under your account, and agree to notify us immediately of any unauthorized use of your account.
Charges for Premium Service
New York Life will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge.
In the event that you pay for a New York Life Premium Service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
Limited to Personal and Non-Commercial Use
Any New York Life Premium Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from any New York Life Premium Service without our prior written consent.
You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service.
We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice.
You may email your requests for customer service through the contact information provided on the home page of the applicable New York Life Premium Service.
14. INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials through the Services by certain persons in certain countries may not be lawful, and New York Life makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Departmentís Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and New York Life with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of New York Life. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
If you have any questions concerning this Agreement or the Services, please contact us by clicking here.
16. COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, New York Life logos, titles, characters, names, and button icons (collectively ìIntellectual Propertyî), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by New York Life or by other parties that have provided rights thereto to New York Life.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of New York Life. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by New York Life, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of New York Life.
New York Life respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Services, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. New York Life reserves the right to remove access to infringing material. Such actions do not affect any other rights New York Life may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the ìNotificationî), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
51 Madison Ave, Room 123M
New York, NY 10010
By Facsimile: 212-576-5673
By Email: email@example.com
Pursuant to 17 U.S.C. ß 512(c), to be effective, the Notification must include the following:
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
New York Life reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. New York Life will endeavor to provide notice of any material change to this Agreement on the Site or through the Mobile App but whether or not it provides such notice, your continued use of this the Services constitutes your agreement to be bound by any changes to the Agreement. Please review this Agreement and/or the Additional Terms periodically for changes.