New York Newb
 
Terms of Use
 

Thank you for visiting www.newyorknewb.com!  Our website is based on the concept of what we can an Urban Portal.  Whereas the large search engines focus on everything under the sun, we build from the ground up - centered on one location.  In this case, New York.  We also provide access to some of the best online services for everything from grabbing tickets to figuring out why the 7 train sucks today.  With that in mind, please note that we are not a travel agent, nor do we participate in any online retail activities or services.  We simply provide access to aggregated third party services and where applicable, forward you to these services.  This collection of features is hereinafter termed "the Service".

Agreement: By using our Service, you explicitly agree to and accept these Terms of Use.  We strongly recommend that, as you read these Terms.  Additionally, third party services may have their own Terms of Use that you may be required to follow once forwarded to their respective websites.  In some cases, we and a user may enter into a separate written agreement or contract providing other terms and conditions of our agreement and incorporating these Terms of Use by reference.  The term "Agreement" shall mean the agreement formed between you and us pursuant to these Terms of Use, any other terms and conditions posted on this Website and any other written agreement between you and us, as may be modified from time to time, all of which shall be incorporated herein by reference.

1. Limitations of Use
You agree that you will use the Service solely for your own lawful purposes, in accordance with these Terms. You agree that you will only use the services related to this website to make legitimate inquiries, reservations or purchases, and will not use the Service for any purpose that is unlawful or prohibited by these Terms, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and will not send automated queries of any sort to the Service without our express written permission.

2. Website Information and Remedies
www.NewYorkNewb.com is a technology platform owned and operated by New York Newb.  All references to www.newyorknewb.com or New York Newb, we, our, us, include New York Newb.  In the case of any violation of our Agreement, we reserve the right to seek all remedies available by law for such violations, including termination of your use of this Website.  For the purposes of our Agreement, the term "the Website" may include any current or future co-branded websites, affiliated websites, white-label websites, and/or international websites in which New York Newb currently or may in the future participate.

3. Changes
New York Newb reserves the right to modify or terminate this Service from time to time, for any reason and without notice, without liability to you, any other user or any third party. New York Newb reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you will be aware of any changes. A copy of the current Terms will be readily accessible at our web site at www.newyorknewb.com. Your continued use of the Service following any change will be subject the Terms in effect at the time of your use. Except as expressly described in this Section 3 and the Agreement paragraph above, you and New York Newb can only modify these Terms on an individual basis with a written document signed or otherwise accepted by you and by us.

4. Content and Security
To assure the value of New York Newb services, you agree that all of the information you may provide to New York Newb, whether online or otherwise, is accurate and complete.  Third party service providers shall be responsible for preparing and submitting their services to this Website and shall be solely liable for assuring such advertisements are accurate and comply with all applicable laws.  In addition, third party advertisers shall not:
- ask a user to wire funds, including via Western Union or MoneyGram, where the destination is not a corporate account in a commercial bank and where the recipient is not the third party; and,
- require a user pay a nonrefundable fee unless the third party can provide the services requested by the user.

5. Privacy
    a. Scope.
This privacy policy describes how we handle your personal information for our services available on www.newyorknewb.com and on other related sites where this policy is posted. By using this website and thereby accepting the Privacy Policy and the Terms of Use, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

    b. Collection. 
While you browse and utilize some sections of the website you may be asked for personal information. Once you give us your personal information, you are not anonymous to us. In most cases, the information we hold about you is collected on the New York Newb website, but we may also collect information from white-label, co-branded and affiliate websites. Depending on the services used, we may collect and store the following personal information:

  1. -contact information such as name, email address, address and telephone number;

  2. -demographic information such as gender, age, marital status, occupation, and other personal and lifestyle information (for example, if you respond to an optional survey request);

  3. -additional information we may ask you to send or questions we may ask you to answer to verify your identity;

  4. -information based on your activities on the website, such as search information, statistics on pageviews, traffic to, from and within the website, ad data, IP address and standard weblog information.

    c. Use.
Our primary purpose in collecting personal information is to provide you with a safe, efficient, and customized experience. We may use your personal information to:
- Provide the services and customer support you request, including confirming emails related to the website services.
- Customize your experience and otherwise measure and improve our services and the website's content and layout.
- Measure consumer interest in products and services listed on our website.
- Help promote a safe service and detect and prevent error, fraud and other potentially prohibited or illegal activity.
- Enforce our agreements, terms, conditions and policies.
- As otherwise described to you at the time of collection.

    d. Disclosure.
We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may share some or all of your personal information with:
- As otherwise described to you at the time of collection.
- Third parties to whom you explicitly ask us to send your information, or about whom you are explicitly notified and consent to when using a specific service. (The information we disclose in this way may be subject to those third parties' privacy policies.)
- Service providers under contract who help with our business operations (such as fraud investigations, affiliate and rewards programs).
- Another business entity should we (or our assets) plan to merge with, or be acquired by that business entity. Should such a transaction occur, that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.
- We may also disclose personal information if permitted to do so by law if such disclosure is reasonably necessary to respond to court orders or other legal process.

    e. Communications and Communication Tools.
New York Newb communicates with users, and facilitates communications between users, in a variety of ways. 
In Response: If you send requests for information, questions or comments via our contact page by email, phone or other means, we may respond.

Social Networking. Each page on the Website may contain links to reference our website through social networking programs and websites. Additionally, we may communicate with individuals through social networking sites only through official New York Newb pages.

    f. Cookies. 
We or our service providers may place cookies or web beacons on your computer when you visit portions of our website. We use permanent cookies to provide personalized features, such as tracking website usage from third parties. We may use cookies to monitor and improve the functionality and usability of our website. You can block our cookies by changing the settings on your browser (contact your ISP for help), but doing so may prevent us from delivering certain services to you.

    g. Third Parties. 
Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are sites throughout the Internet or advertisers on our website, different rules may apply to their use or disclosure of the information you disclose to them. New York Newb does not control the privacy policies or the content of third parties.

    j. Security. 
Any information we may collect is stored on our servers in the United States. We treat data as an asset that must be protected and use many tools (encryption, passwords, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the website. Therefore, although we work very hard to protect your privacy, we do not promise and you should not expect, that your personal information or private communications will always remain private.

    k. General. 
We may amend this Privacy Policy at any time by posting the amended terms on the website. Amended terms take effect 30 days after they are posted on the site for all other users.

    l. Questions. 
If you have any questions please send us an e-mail at:

6. Access and Interference
The Website may contain robot exclusion headers.  Much of the information on the Website is proprietary and/or licensed to New York Newb by third parties.  You agree that you will not use any robot, spider, crawler or other automated means to access the Website in a way that subverts or circumvents any robot exclusion headers for any purpose without express written permission from us.  Additionally, you agree not to (i) take any action that imposes or may impose - in our sole discretion - an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content; (iii) interfere with or attempt to interfere with the proper operation of the Website or any activities conducted on the Website, or; (iv) bypass our robot exclusion headers or other measures we may incorporate to prevent or restrict access to the Website.

  1. 7.Warranty Disclaimer

THIS SERVICE IS PROVIDED BY NEW YORK NEWB "AS IS" AND YOU USE IT AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEW YORK NEWB DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. IN THE EVENT THAT THE ABOVE DISCLAIMERS ARE NOT ALLOWED BY LOCAL LAW, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.

8. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL NEW YORK NEWB OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF NEW YORK NEWB OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF NEW YORK NEWB OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE ABOVE DISCLAIMERS ARE NOT ALLOWED BY LOCAL LAW, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  IN NO EVENT SHALL NEW YORK NEWB’S LIABILITY TO YOU EXCEED $200.00 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF NEW YORK NEWB OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

9. Indemnification
You agree to indemnify and hold harmless New York Newb, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your use of the Service.

10. Copyright Notices
All contents of this website are copyright of New York Newb.  All rights reserved. Unauthorized use of the Service and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.

11. Links to Third-Party Websites
This website may contain links to websites operated by parties other than New York Newb.  We doenot control such websites and are not responsible for their contents.  Our inclusion of links to such websites does not imply any endorsement of material on such sites nor any association with their operators.  If you choose to access any of the third-party websites linked to from this Website, you do so entirely at your own risk.

12. Resolution of Disputes
If a dispute arises between you and New York Newb, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and New York Newb agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing.  Before resorting to these alternatives, we strongly encourage you to contact us first to seek a resolution directly.  We consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

- Law and Forum for Disputes: This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within the State of New York, without regard to conflict of law provisions.  You agree that any Claim or dispute you may have against New York Newb must be resolved by a court located in New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, for the purpose of litigating all such Claims or disputes.

- Arbitration Option. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000.00USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, he/she shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by both parties, and; c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

- Improperly Filed Claims. All Claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a Claim contrary to the Resolution of Disputes Section, New York Newb may recover legal fees and associated costs provided that New York Newb has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

13. Notices
Unless explicitly stated otherwise, legal notices shall be served to New York Newb’s mailing address, provided per request via our contact email located here (in our case), or by the contact information you provide including email (in your case).  Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid.

14. Miscellaneous
By using this Website and agreeing to the Terms of Use, you are also agreeing to abide by our Privacy Policy and all other agreements and policies posted on this Website. New York Newb operates out of the State of New York, in the United States of America. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. New York Newb may rely on your electronic signature to create a binding valid agreement. From time to time we may send facsimiles or emails regarding our products and services, or shall call customers regarding New York Newb products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls unless you otherwise opt out. You may report complaints to our office at (646) 783-8606.