The following terms and conditions of service and the Privacy Policy (together, the “Terms”) constitute a legally binding agreement between you and NNY Projects, LLC, its subsidiaries, affiliates, partners, representatives, directors and officers (collectively referred to as, “NNYP,” “us,” “we,” or “our”) and govern your access and use of and describe your rights and responsibilities while using the NNYP Site (the “Site”) at www.workreq.com, content, software and technology platform (collectively, the “NNYP services”).
By registering and using the NNYP services, you are hereby agreeing to be bound by the following terms. These Terms is an agreement between you and NNYP regarding the access and use of the Service.
NNYP is only willing to provide the Service only to parties that have accepted all the terms and conditions contained in this Agreement. Further, by signing up to use the NNYP service, you hereby agree that you understand the Agreement in its entirety and that you have the requisite authority, power and right to enter into a binding agreement. If you do not have the authority to enter into this Agreement or if you do not agree to all the terms contained herein this Agreement, NNYP is unwilling
IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NNYP ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
NNYP may, in its sole discretion and at intervals of its sole choosing, modify the Service and/or these Terms at any time and without prior notice. We reserve the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. It is your responsibility to monitor such changes and to determine whether or not to continue to access and use the Service based upon any such changes. NNYP shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You may need to register for an account to access some or all of our Services. If you register for an account with NNYP, you shall provide NNYP with accurate and complete registration information (including, but not limited to your email address and a password you will use to access the Service). You will also keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your NNYP account.
NNYP reserves the right to refuse registration of or cancel a user name, at its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your NNYP password. You shall never use another user's account without such other user's prior express permission. You accept responsibility for all activities that occur under your User Account you will immediately notify NNYP in writing of any unauthorized use of your account or other account-related security breaches of which you are aware.
The Service and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of NNYP and its licensors and it is licensed and not sold to you. All suggestions or feedback provided by you to NNYP with respect to the Site shall be NNYP’ property.
Subject to the terms and conditions contained herein, the license granted to you for the use of the Service by NNYP is limited to a non-transferable license to use the Service on any Devices that you own or control.
All right, titles and interests in the Services and our content provided through the Service (including without limitation information, documents, logos, graphics, designs and images) are owned by NNYP or designated third parties. Subject to these Terms, NNYP grants you a limited, non-transferable, non-exclusive right to access and use the Services for the sole purpose of providing the service to you.
The Services contain Content specifically provided by NNYP or its partners and licensors, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms, and your compliance with these Terms, NNYP grants you a personal, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable and revocable license to access, and use the service, for commercial/non-commercial use.
You agree not to, and you will not permit others to, (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Service, (b) copy or use the Service for any purpose other than as permitted herein these terms, (c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Service, (d) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact NNYP and provide NNYP an opportunity to create such changes as are needed for interoperability purposes).
You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that NNYP is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
Nothing on or in the Services provided to you by NNYP shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of NNYP or any third party, whether by estoppel, implication or otherwise. All trademarks and trade names are the property of their respective owners.
Except as otherwise noted, NNYP is the owner of all trademarks and service marks within the Services provided to you, whether registered or not, including, without limitation, NNYP expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United State of America (and/or other applicable jurisdictions).
Although certain services that we offer to you are for free, we may charge for certain features on the Service. You agree to pay NNYP all applicable Services fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time for a fee or charge is due and payable (the “Fees”). If your use of the Services exceeds the applicable service capacity (as described in the Services or otherwise designated on the Site from time to time) or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein.
The payment will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (i.e. in the event of a problem with your Payment Method, such as an expired credit card or a PayPal with insufficient funds). If at any time your Payment is unable to be charged for the Subscription payment due to insufficient funds, or otherwise, you remain responsible for the cost of such Fee. In the event you are unable to cover the Subscription payment at the end of a current subscription, we reserve the right to suspend your respective account and access to the Service until the payment has been made.
We reserve the right to change the price for the Service and we will be responsible for communicating any price changes to you in accordance with the law.
You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.
Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are canceled mid-term. In such a circumstance, you will continue to have access to Service until the end of the term’s billing cycle.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of Service updates, product support, and other services to you (if any) related to the Service. We may use this information, as long as it is in a form that does not personally identify you, to improve its products, or to provide services or technologies to you.
Our service may allow you to post, share, link, store and otherwise make available certain information or content. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. NNYP cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom.
For purposes of these Terms, the term "Content" includes, without limitation, any work detail, comments, information, data, text, software, graphics, and interactive features generated, provided, or otherwise, you make accessible to NNYP on or through the Services. The content you add, create, upload, submit, distribute, post, or otherwise obtain through your use of the Services, including Content that you add to the Services if you link your accounts to third party websites and services, is collectively referred to as, "User Content."
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark., publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the Service, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the service may be interrupted, suspended or restricted, including because of a fault, error or unforeseen circumstances or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.
You agree, undertake and confirm that your use of the Service shall be strictly in accordance with the following binding guidelines:
In addition to the recognition that NNYP is not a party to any understanding between users of the Service, you hereby release NNYP, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exists as of the time you enter into this agreement.
This release includes, for example, and without limitation, any disputes regarding the performance, functions, and quality of the Services provided by a User and requests for refunds based upon disputes.
This release will not apply to a claim that NNYP failed to meet our obligations under the Terms of Service.
You understand and agree that the NNYP service is provided “as is” and “as available,” without express or implied warranty or condition of any kind. NNYP and all owners of the content make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither NNYP nor any owner of content warrants that the NNYP service is free of malware or other harmful components. In addition, NNYP makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third-party applications (or the content thereof), user content, devices or any other product or service advertised, promoted or offered by a third party on or through the NNYP service or any hyperlinked website, or featured in any banner or other advertising and NNYP is not responsible or liable for any transaction between you and third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from NNYP shall create any warranty on behalf of NNYP. This section applies to the fullest extent permitted by applicable law.
NNYP makes no warranties or representation of any kind that the service (including all databases, content, software, functions, materials and information accessed by any means thereof) are provided “as-is”, without warranties of any kind and NNYP disclaims, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, any implied warranties of originality, merchantability, non-infringement, title, arising from a course of dealing, usage, or trade practice or fitness for a particular purpose.
NNYP does not warrant that the service or functions contained in the service will be uninterrupted or error-free, that all deficiencies, errors, defects or nonconformities will be corrected, that the service will meet your specific requirements or that defects in the service will be corrected.
NNYP does not warrant that the service will work correctly in any particular operating environment. NNYP does not warrant, guarantee, or make any representations regarding the use or the results of the use of the service in terms of its correctness, accuracy, reliability, currentness, or otherwise.
NNYP does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and NNY disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage.
Some jurisdictions do not allow the exclusion of certain warranties, as such, to the extent such exclusions are specifically prohibited by applicable law, some of the exclusions set forth above may not apply to you.
In no event shall NNYP be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to the end user’s use of (or inability to use) the service regardless of (a) whether such damages were foreseeable, (b) whether or not the service provider was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
The communications between you and NNYP use electronic means, whether you use the Site or send us emails, or whether we post notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that NNY provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy writing.
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third-party websites, you do so at your own risk. Each party’s terms will govern the respective party’s relationship with you. These other websites are not under NNYP's control, and you acknowledge that NNYP is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by NNYP or any association with its operators. You further acknowledge and agree that NNYP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
Any dispute or claim relating in any way to your use of our Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, NNY will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between NNYP and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between NNYP and you regarding the Services, Products and Content.
Severability: If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by a court of competent jurisdiction), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without NNYP’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. NNYP may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices: Any notices or other communications provided by NNYP under these Terms, including those regarding modifications to these Terms, will be given: (i) by NNYP via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
No Waiver: NNYP’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NNYP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products,
please contact NNYP at ben@NNYprojects.com.