We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.newyorkbriefs.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Personal Breakthrough Consulting is providing Member with access to this website. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by Personal Breakthrough Consulting Pty Ltd on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Personal Breakthrough Consulting Pty Ltd makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Personal Breakthrough Consulting Pty Ltd shall have no liability for any interruptions in the use of this Website. Personal Breakthrough Consulting Pty Ltd disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. This website, www.nycitylive.org, and Personal Breakthrough Consulting Pty Ltd make no medical claims as to the benefits of any products, services or information presented, offered or represented in any way. For any medical condition, you should consult with a veterinarian or physician or appropriate health professional. Note: You must be at least 18 years of age to make a transaction at www.newyorkbriefs.com.
If the results of any offer does not fulfil your expectations, New York Briefs and Personal Breakthrough Consulting offers a Satisfaction Guarantee, which does not necessarily offer a monetary refund; NEWYORKDECODER wants you satisfied and will work with diligence toward that achievement.
4. Personal Breakthrough Consulting may use models to protect the privacy of our writers, contributors, or authors.
5. Limitation of Liability
Personal Breakthrough Consulting Pty Ltd SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Personal Breakthrough Consulting Pty Ltd SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Personal Breakthrough Consulting Pty Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Member agrees to indemnify and hold Personal Breakthrough Consulting Pty Ltd, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
7. Modifications and Interruption to Service
Personal Breakthrough Consulting Pty Ltd reserves the right to modify or discontinue the Service with or without notice to the Member. Personal Breakthrough Consulting Pty Ltd shall not be liable to Member or any third party should Personal Breakthrough Consulting Pty Ltd exercise its right to modify or discontinue any publication Feature or Service. Member acknowledges and accepts that Personal Breakthrough Consulting Pty Ltd does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
8. Third-Party Sites
9. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Personal Breakthrough Consulting Pty Ltd makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Personal Breakthrough Consulting Pty Ltd makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
10. Governing Jurisdiction of the Courts Of Australia
11. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
12. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2013 Personal Breakthrough Consulting Pty Ltd, with all rights reserved, or is the property of Personal Breakthrough Consulting Pty Ltd and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, 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 Personal Breakthrough Consulting Pty Ltd is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Personal Breakthrough Consulting Pty Ltd. Personal Breakthrough Consulting™ and www.newyorkbriefs.com™ are proprietary marks of Personal Breakthrough Consulting Pty Ltd. Personal Breakthrough Consulting’s trademarks may not be used in connection with any product or service that is not provided by Personal Breakthrough Consulting, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Personal Breakthrough Consulting Pty Ltd. All other trademarks displayed on Personal Breakthrough Consulting Pty Ltd websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Personal Breakthrough Consulting Pty Ltd.
13. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Personal Breakthrough Consulting Pty Ltd designates the following individual as its agent for receipt of notifications of claimed copyright infringement: By Mail, Personal Breakthrough Consulting, 1/38 Maidstone Street, Altona, Victoria, Australia 3018 By Telephone, 61-3-93986364 By Email, email@example.com
Personal Breakthrough Consulting Pty Ltd retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Personal Breakthrough Consulting Pty Ltd reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
15. Other Terms
Web Site Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in www.nycitylive.org are protected by applicable copyright and trade mark law.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on Personal Breakthrough Consulting Pty Ltd’s web site, www.newyorkdecoder.com , for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Personal Breakthrough Consulting Pty Ltd’s web site; www.newyorkdecoder.com
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Personal Breakthrough Consulting Pty Ltd at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on Personal Breakthrough Consulting Pty Ltd’s web site, www.newyorkdecoder.com are provided “as is”. Personal Breakthrough Consulting Pty Ltd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Personal Breakthrough Consulting Pty Ltd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site, www.nycitylive.org or otherwise relating to such materials or on any sites linked to this site.
In no event shall Personal Breakthrough Consulting Pty Ltd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Personal Breakthrough Consulting Pty Ltd’s Internet site, www.nycitylive.org, even if Personal Breakthrough Consulting Pty Ltd or a Personal Breakthrough Consulting Pty Ltd authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Personal Breakthrough Consulting Pty Ltd’s web site, www.nycitylive.org could include technical, typographical, or photographic errors. Personal Breakthrough Consulting Pty Ltd does not warrant that any of the materials on its web site, www.newyorkdecoder.com , are accurate, complete, or current. Personal Breakthrough Consulting Pty Ltd may make changes to the materials contained on its web site, www.newyorkdecoder.com at any time without notice. Personal Breakthrough Consulting Pty Ltd does not, however, make any commitment to update the materials.
Personal Breakthrough Consulting Pty Ltd has not reviewed all of the sites linked to its Internet web site, www.newyorkdecoder.com and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Personal Breakthrough Consulting Pty Ltd of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Personal Breakthrough Consulting Pty Ltd’s web site, www.newyorkdecoder.com shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.