Thank you for visiting the New York Financial Press website located at www.nyfp.tv (the “Site”). The Site is an Internet property of the New York Financial Press (“Company,” “we” or “us”). You agree to the following Terms and Conditions (“Terms and Conditions”), in their entirety, when you: access or use our Site. The Terms and Conditions are inclusive of the New York Financial Press Privacy Policy (“Privacy Policy”) which are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Site in any manner or form whatsoever.

PLEASE BE ADVISED THAT THE COMPANY IS NOT ENGAGED IN RENDERING BUSINESS-RELATED, INCOME-RELATED OR EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE SHOULD BE CONSTRUED AS SUCH. COMPANY DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE INFORMATION OR ADVICE MADE AVAILABLE BY AND THROUGH THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, NOR DOES COMPANY REPRESENT OR WARRANT THAT SUCH INFORMATION OR CONSTITUENT ADVICE IS ACCURATE, COMPLETE OR APPROPRIATE. COMPANY ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH INFORMATION. ALL PRODUCTS AND/OR SERVICES THAT WE OFFER ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. CHECK WITH YOUR ACCOUNTANT, LAWYER AND/OR OTHER PROFESSIONAL ADVISORS BEFORE ACTING ON ANY INFORMATION PROVIDED BY AND THROUGH OUR SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE. INCOME RESULTS ASSOCIATED WITH THE USE OF THE MEMBER SERVICES ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE, WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE MEMBER SERVICES.
1. Scope of Agreement. The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes.

2. Requirements. The Site is available only to individuals that can enter into legally binding contracts under applicable law.

3. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site, other than the RSS feed, is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site and/or Member Services Site. The posting of information or material at the Site and/or Member Services Site does not constitute a waiver of any right in such information and/or materials.

4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

5. User Information. All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

6. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Member Services, Member Services Site and/or the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

7. Disclaimer of Warranties. THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL BE ACCURATE OR RELIABLE. THE SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

8. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE , OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR MEMBER SERVICES SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE MEMBER SERVICES. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 15. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE, WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

9. Third Party Websites. The Site may provide links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising therefrom.

10. Legal Warning. Any attempt by any individual, whether or not a Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

11. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

12. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Site, Member Services Site and Member Services. To the extent that anything in or associated with the Site, Member Services Site and/or Member Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement