This User Agreement sets forth the standards of use of Full Circle NY, including www.fullcircleny.com ("FCNY" and all of its sub domains. FCNY and all such sub domains are collectively referred to herein as the "Website."
The words "You," "User" or "Member" as used herein refer to all individuals and/or entities accessing or using the Website for any reason. The term "Your Content" or "User Content" as used herein shall mean information that You submit, publish or display on any website provided by FCNY
Please read these Terms of Use carefully. These Terms of Use include FCNY’s Privacy and Security Statement located at https://fullcircleny.com/privacy_statement.html which is incorporated and made a part of this User Agreement. If You do not accept and agree to all of these terms, do not use the Website or the services provided therein. By accessing or using the Website, You agree to be bound by these terms. Additionally, You understand and agree that FCNY may electronically provide to you either through posting or links on the Website or through e-mail agreements, invoices and other documents, notices and communications regarding your relationship with FCNY and its services ("Communications"). You hereby consent to receipt of such Communications electronically.
You agree that by entering your username and password and clicking "Sign On," or by clicking on an "Agree and Continue" or similar button when registering for or accepting any services on the Website or provided by FCNY, you are acknowledging that you have read, understand and agree to be bound by this User Agreement, and that such actions constitute your agreement thereto and acceptance thereof. If you do not agree to any portion of the User Agreement, you may not access or otherwise use the Website.
FCNY reserves the right, at any time, to modify, alter, or update the User Agreement without prior notice. Any such changes will become effective immediately upon being posted on the Website. You should visit this page periodically to review the most current User Agreement because it will be binding on You. Your continued use of the Website after such changes are posted constitutes an acknowledgement and acceptance of the User Agreement and its modifications. Except as otherwise provided in this paragraph, this User Agreement may not be amended.
Anyone signing up as a member or purchasing goods or services from FCNY must be 18 years of age or older, or the age of majority as defined in your jurisdiction, whichever is older. By using the Website and accepting this User Agreement, You represent and warrant that You have the right, authority and capacity to agree to and abide by this User Agreement. You also represent that You will use the Website and any services or information provided by FCNY in a manner consistent with any and all applicable laws and regulations.
FCNY reserves the right to modify or discontinue any services or content provided by FCNY with or without notice to the User. You acknowledge and accept that FCNY does not guarantee continuous uninterrupted service or access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
To access some of FCNY’s services You will be asked to create an account and provide FCNY with certain information including, without limitation, a valid e-mail address. Any such information that You submit will be treated in accordance with FCNY’s Privacy and Security Statement located at https://fullcircleny.com/privacy_statement.html.
If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification
code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the User Agreement or for any other reason, in our discretion.
You are responsible for making all arrangements necessary for you to have access to the Website and to the services provided therein. YOU ARE ALSO RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS THE WEBSITE THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS OF USE AND THAT THEY COMPLY WITH THEM.
DISCLAIMER OF WARRANTIES.
ALL OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FCNY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE OR ANY OF THE SERVICES OR INFORMATION PROVIDED THEREIN IN TERMS OF ITS AVAILABILITY, ACCURACY, ADEQUACY, CORRECTNESS, PRECISION, TIMELINESS, COMPLETENESS, THOROUGHNESS, RELIABILITY OR OTHERWISE.
FCNY EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS CONTAINED THEREIN, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
NO WARRANTY OF ANY KIND, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM DEFECT, COMPUTER VIRUS OR OTHER ERROR, IS GIVEN IN CONJUNCTION WITH ANY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED BY FCNY. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE SERVICES THEREON WILL MEET USERS' REQUIREMENTS.
The Website acts as a venue for employers/recruiters to post jobs and search for candidates, and for candidates to post resumes and search for jobs. FCNY is not involved in the actual transaction between employers/recruiters and candidates. As a result FCNY has no control over User Content, quality, safety, or legality of jobs or resumes posted and makes no representations about any jobs, resumes or User Content. FCNY shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or seeking jobs on or through the Website. You acknowledge and agree that you are solely responsible for the accuracy, form and substance of any of Your Content that is posted on the Website.
FCNY operates a speakers’ bureau, in which professional speakers can join and list themselves as eligible to speak at events held by FCNY or its business or academic partners. FCNY has no obligation to display the same amount or type of information for each Speaker or to display all information provided by any given Speaker. FCNY has the right, but not the obligation, to endorse, promote or advertise any Speaker or the Speakers’ Bureau, but has no active obligations under these Terms of Use or any other agreement except as specifically stated herein or required by applicable law. FCNY is not and will not be deemed an employer or agent acting on behalf of any Speaker. Speakers are not and will not be deemed agents, employees or independent contractors of FCNY. FCNY has no obligation to advertise or promote any individual Speaker, regardless of whether FCNY advertises or promotes any other Speaker or the Speakers’ Bureau generally. The decision to advertise, promote or discuss any Speaker or the Speakers’ Bureau does not constitute, and will not be deemed to create: (a) an approval or endorsement of all positions, opinions and statements made by any Speaker, (b) a representation, warranty or obligation to promote the same Speaker at any other time or in any other circumstances, or (c) a representation, warranty or obligation to promote any other Speaker at any time or for any reason, regardless of similarity between the Speakers’ speeches, opinions and/or statements.
FCNY makes no representations, warranties or promises regarding the function of the Speakers’ Bureau, and accepts no liability to any Speaker or third party for any speaking or business opportunity, or lack thereof, arising out of or relating to the form, operation, non-operation, use, nonuse, promotion or lack of promotion of the Speakers’ Bureau. Speakers have the right, but not the obligation, to endorse, promote or advertise FCNY and/or products and services produced by FCNY. FCNY is not responsible for the speaker’s equipment needs, transportation, lodging or other logistics or expenses.
You hereby understand and acknowledge that by using the FCNY web site, and/or participating in FCNY events you are solely responsible for any personal information you provide, including, but not limited to, your email address, mobile number, address or name. Neither FCNY, or any of its business partners nor any of the participants in FCNY events or visitors to the web site are responsible for the consequences of your disclosure of any such information, and you agree to release FCNY and its business partners from any liability and assume the full responsibility and risk with respect to any person you meet at an FCNY event or through the web site. We strongly encourage you to take the same precautions you would take in meeting any new person in order to assure your safety.
You also understand and acknowledge that FCNY events are held at venues of which neither FCNY nor any of its business partners have any control. Therefore, in the event that you are injured or suffer damages in any regard at an FCNY event, you agree to release FCNY and its business partners from any liability with respect thereto, unless such damages result directly from the actions of any employee or agent of FCNY or its business partners.
All participants in FCNY events understand and acknowledge that FCNY provides a fun and casual method of meeting new people. FCNY does not guarantee that any participant will form a successful business or personal relationship. That is entirely up to the participants.
Except as expressly provided in these Terms, in no event shall FCNY, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Website, any information received from this Website, any email distributed to any User or Member from the Website or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if FCNY, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall FCNY, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Website be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Website.
FCNY'S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO FCNY WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.
FCNY, along with certain permitted third parties including, without limitation, representatives of the television, radio, print and online media, may photograph and/or make audio/video recordings of any event in which FCNY acts as host or a participant ("Event"). By attending and participating in any such Event, each participant agrees to permit the taking of any such photographs and to be recorded in both audio and video media.
Each participant at any Event and also irrevocably authorizes FCNY, its agents, representatives, successors and assigns to use in perpetuity, throughout the world, in any manner whatsoever, all or any portion of photographs and audio/video recordings in which such participant appears, and any comments, statements or testimonials made by such participant, while attending an event. Such photographs or audio/video recordings may be used by FCNY, its agents, representatives, successors and/or assigns for any legal purpose including, without limitation, marketing and advertising of FCNY events or products, or for editorial purposes. No person shall be entitled to any compensation in connection with the use and exploitation of any photographs or audio/video recordings.
Each participant at an Event irrevocably releases FCNY, its principals, employees, agents, representatives, successors and assigns from and against any and all claims, suits, liabilities, or damages which such person may have in connection with his or her attendance and/or participation in any Event or and the exploitation of photographs and/or audio/video recordings in any manner or format.
FCNY will not use a participant's name or any other personally identifiable information unless such participant has specifically granted his or her consent, in writing, for such use.
You agree to defend, indemnify and hold harmless FCNY, its parents, subsidiaries, affiliates, and their respective officers, employees and agents from any claim or demand including reasonable attorneys' fees and costs, made by any third party arising out of or related to i) your use of the Website, ii) your use of any content contained therein, iii) your Content or any information or material that You post to or transmit through the Website, iv) your violation of these Terms of Use, or v) infringement by You or another User using your computer or account, of any intellectual property or any other right of any person or entity. FCNY shall provide notice to You promptly of any such claim, suit or proceeding, and FCNY reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FCNY defense of such claim.
ACCEPTABLE USE POLICY ("AUP").
(1) Valid Email Address. You must supply and maintain a valid and verified email address in order to use the services provided by the Website. Invalid email addresses and those that have not been verified through the verification email sent upon sign-up will be deleted from our system and You will be denied access to this Website.
(2) Unauthorized Use. FCNY authorizes You to view and access a single copy of the content available on or from the Website solely for their personal use. You will be responsible for ensuring that anyone accessing the Website through your internet connection complies with this AUP. Only one individual may access the Website at the same time using the same email or password, unless FCNY agrees otherwise. Unauthorized use of the Website and FCNY's systems including but not limited to unauthorized entry into any of FCNY’s systems, misuse of passwords, or misuse of any information posted to the Website is strictly prohibited.
FCNY reserves the right, at our sole discretion, to immediately revoke your account and/or seek all other legal remedies available for scraping jobs, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.
(3) Use of Website Content. The contents of the Website such as text, graphics, images, logos, button icons, software and other content (collectively the "Website Content") are protected under both United States and foreign copyright, trademark and other laws. All such content is the property of FCNY or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of FCNY and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the Website Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Website Content on any authorized copy you make of such content.
You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose, in connection with products or services that are not those of FCNY, or in any other manner that is likely to cause confusion among consumers, that disparages or discredits FCNY or its business partners, that dilutes the strength of FCNY’s property, or that otherwise infringes FCNY's intellectual property rights. You may not in any other way misuse the Website Content. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that FCNY creates to generate or display any Website Content or the pages making up the Website is also protected by FCNY’s copyright and Members may not copy or adapt such code.
(4) Website Restrictions. The Website may be used only for lawful purposes. You may not use the Website in order to transmit, post, distribute, store or destroy material, including without limitation, the Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
(5) Prohibited Uses. You must not misuse the Website by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
You are prohibited from violating or attempting to violate the security of the Website, including without limitation, the following activities:
(a) accessing data not intended for You or logging into a server or account which You are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any User or Member, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. FCNY will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users or Members who are involved in such violations.
FCNY also specifically prohibits the following:
(6) User Content and Submissions. You are solely responsible for your account information, employer account information or job postings, Profile, Your Content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that You post on the Website or transmit to other Users or Members. You agree that in submitting Your Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
The following is a partial list, for illustration purposes, of User Content that is prohibited on the Website. You may not post content that:
This site may contain links to websites controlled or offered by third-parties (non-affiliates of FCNY). You acknowledge that FCNY is not responsible for the availability of, or the content located on or through any third-party website. FCNY makes no representations about and disclaims liability for, any information, materials, and products or services posted or offered at any of the third-party websites linked to this website. By providing such links, FCNY does not endorse or recommend any products or services offered or information contained therein, nor is FCNY liable for any failure of products or services offered or advertised at those websites. If You decide to access such linked third-party web sites, You do so at your own risk. Your use of those third-party sites is subject to the terms of use and privacy policies of each such site, and we are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding the content on those sites.
You acknowledge and agree that, as between you and FCNY, FCNY owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to fullcircleny.com and all Website Content provided by FCNY on the Website, including without limitation, site design, text, graphics, and interfaces ("FCNY Materials"). Any use of FCNY Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of FCNY is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our website, FCNY Material or any third-party content available on FCNY's websites.
By posting Your Content to any public area of FCNY's websites, including without limitation, message boards, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such Content to us: (i) You acknowledge, represent and warrant that such Content is original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to the Website, and that any "moral rights" in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived; and (ii) You automatically grant to FCNY and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of FCNY and the FCNY Service or for any other purpose, in FCNY’s discretion. We cannot be responsible for maintaining any Content that you provide to us, and we may delete or destroy any such Content at any time.
FCNY respects the intellectual property of others, and we ask You, to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. FCNY reserves the right to terminate your account, and block access to the Website if You infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. FCNY reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the applicable rights holder.
If You believe that your copyrighted work has been uploaded, posted or copied to the Website and is accessible on the Website in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Full Circle NY
954 Lexington Avenue, #610
New York, NY, 10013
By telephone: (888) 356-3269
By facsimile: (888) 809=3269
E-mail:
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All memberships or other subscriptions will automatically renew to preserve continuity. If You would like to cancel your subscription and not be charged for renewal, You must cancel at least 30 days before your renewal date, or your subscription will be renewed for the same term You initially selected at our current offering price. Please access your member profile to cancel.
ORDERS FOR PRODUCTS AND SERVICES.
We may make certain products and services available to visitors and registrants of the Website. You may only order products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to FCNY. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
REFUNDS.
Once a paid membership or other subscription begins, no refund will be provided. All memberships or other subscriptions may be canceled by you at any time but no refund will be made for unused membership or subscription periods. Attendance fees for FCNY events are non-refundable. You may send a substitute attendee in your place and must advise FCNY in writing of the substitute attendee’s
name by email to
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no later than 48 hours before the start of the event.
ADDITIONAL TERMS.
Certain sections or pages on the Website, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Use. In the event of conflicting provisions, the additional terms and conditions will govern.
TERMINATION.
FCNY may discontinue your access to the Website or suspect or terminate, without notice or liability, your account membership and/or your access to and use of the Website, for any violation of these Terms of Use or for any other use that FCNY, at its sole discretion, deems improper.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE.
You agree that you shall not resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Website.
AVAILABILITY OUTSIDE THE U.S.
FCNY makes no claims that the Website may be lawfully viewed or accessed outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
GOVERNING LAW.
These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York State.
SEVERABILITY; WAIVER.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, FCNY’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect FCNY’s ability to enforce such term at any point in the future.