TERMS OF USE AGREEMENT

ACCESSING THIS WEB SITE OR VIEWING ANY OF ITS CONTENTS SHALL CONSTITUTE YOUR AGREEMENT WITH THE TERMS BELOW.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Partnership for New York City, INC. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR COPY OR DOWNLOAD ANY CONTENT. BY USING THIS SITE OR BY COPYING OR DOWNLOADING ANY CONTENT YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH MAY CHANGE AT ANY TIME. THE CONTENT ON THIS SITE IS OWNED OR LICENSED BY Partnership for New York City, INC. AND IS PROTECTED BY THE INTELLECTUAL PROPERTY LAWS OF THE UNITED STATES AND INTERNATIONAL COPYRIGHT CONVENTIONS.

DEFINITIONS

“Agreement”: This Terms of Use agreement.

“Content”: Any text, image or images, either fixed or moving, logos, audio or sounds, design or layout of the Site, source code, file, component, individual element or other content displayed upon or accessed by, or used in connection with the display of any content on the Site.

“Owner”: Partnership for New York City, Inc., its affiliates, successors, exclusive licensees, designees or assigns.

“Other Parties”: Any individual or entity not a party to this Agreement, including but not limited to owners and licensors of Content not owned by Owner, and owners or operators of web pages to which the Site provides links.

“Site”:Any and all web pages maintained or used by Owner.

“You” or “User”: The user of the Site.

APPLICABILITY

This Site contains copyrighted content, trademarks and other proprietary information, and the entire Contents of the Site are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Owner owns a copyright in the selection, coordination, arrangement and enhancement of such Content, the pages, and the screens displaying the pages, as well as in the content original to it.

This Agreement applies only to Content appearing on or used in the Site, either owned by or licensed to Owner, and not to links to or content of Other Parties’ web pages. Permission to use Content owned by or licensed to Other Parties must be secured by You from those Other Parties. Content presented on the Site that is not copyright or trademark protected by Owner may be copyright or trademark protected by Other Parties and are used by Owner by permission of such Other Parties. Your use of any Content owned by or licensed to Other Parties and in turn licensed to Owner must comply with any applicable license granted to Owner by such Other Parties.

Except as authorized in this Agreement, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Content. All such rights are retained by Owner and/or any Other Parties as may own such rights.

TRADEMARK NOTICE

Partnership for New York City, Inc. names and logos and all related product and service names, design marks and slogans are the trademarks and service marks of Owner. You are not authorized to use any such name or mark in any manner without the prior written consent of Owner.

You may view, copy, download, and print text Content found on the Site for Your personal, noncommercial, and informational use only, provided that: (a) all copies that You make of the material must bear any copyright, trademark or other proprietary notice located on the Site, and which pertain to the Content being copied, (b) the following copyright notice and permission notice must appear in each document: “Copyright © 2000 Partnership for New York City, Inc. All rights reserved. Protected by the copyright laws of the United States and international treaties.”

Partnership for New York City, Partnership for New York City, the phrase “The City’s future is our business”, the Skyline and Globe logo, Vanguard Awards, Breakthrough for Learning, YEEP, Youth Employment and Education Program, David Rockefeller Fellows, DR Fellows, Nexus, Central Brooklyn Neighborhood Employment Center, BusinessLINC, LegalWorks, New York City Housing Partnership, Neighborhood Entrepreneurs Program, ANCHOR / Partnership Plaza Retail Demonstration Program, The Renaissance, Neighborhood Business Assistance Office, New York Mortgage Coalition, High Performance Building Program, Smart Buildings / Smart Communities, and each of their logos are trademarks of Partnership for New York City, Inc. All rights reserved. All other trademarks, service marks and logos appearing on the Site that are not Owner’s marks are the trademarks, service marks, or logos of their respective owners and are the property of their respective owners. References made to any names, marks, products or services of Other Parties or hypertext links to Other Parties’ sites or information do not necessarily constitute or imply Owner’s endorsement, sponsorship, or recommendation of such Other Parties’ products, services, sites or information.

USE RESTRICTIONS

You may NOT modify, publish, participate in the transfer or sale of, create derivative works from or in any way exploit Content, in whole or in part, without prior written permission from Owner. Any such permitted use must bear any copyright, trademark or other proprietary notice located on the Site that pertains to the Content being used, and such use must conform to any additional terms directing or restricting such use in the written permission obtained from Owner. A derivative work is anything sourced from or referenced from pre-existing Content from the Site. If you use any Content and manipulate, clone, copy, trace, retouch, shrink, stretch, darken, or lighten the Content or change the Content in any other way, you create a derivative work. Under the United States Copyright Act, the creator of the original work also owns the copyright to all derivative works. Any use of any text components of the Content must be a true and exact reproduction of the text in English or an accurate translation.

Reprinted Content is not to be presented in any form that would create the impression that Owner supports or endorses any individual, company or organization, its products, or the theories and conclusions espoused in a publication.

You may not create links to the Site without prior express written permission from Owner.

You shall use the Site for permitted, lawful, personal uses only. You shall not use the Site to increase traffic to other Web sites.

Usage of Content beyond the usage rights granted herein constitutes willful copyright infringement and is punishable to the fullest extent of the law. Owner and its licensors retain all rights not expressly granted by this Agreement.

The foregoing provisions are for the benefit of the Owner, its subsidiaries, affiliates and its third party Content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Indemnity

You agree to indemnify and hold Owner, and any licensor of Content, harmless from any and all claims, liabilities, damages, costs and expenses, including attorney’s fees, arising from the use of Content or any breach of this Agreement. If You utilize any Content prior to obtaining Owner’s written consent, Owner is relieved of any liability for any claim concerning such Content’s use or publication since it was published without permission.>

NO WARRANTY

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” BASIS WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM MALICIOUS CODE OR POTENTIALLY DAMAGING CODE INCLUDING BUT NOT LIMITED TO SUCH ITEMS AS COMPUTER VIRUSES, OR COMPATIBILITY OF THE SITE OR ITS CONTENT WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. OWNER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE OR FREE FROM SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER MALICIOUS OR POTENTIALLY DAMAGING CODE. OWNER DOES NOT CONTROL THIRD-PARTY WEB SITES THAT THE SITE IS LINKED TO AND IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. OWNER MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, AVAILABILITY, OR CONTENT OF ANY THIRD-PARTY WEBSITE, OR THAT ANY THIRD-PARTY WEBSITE IS FREE FROM SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, OR ANY OTHER MALICIOUS OR POTENTIALLY DAMAGING CODE. OWNER IS PROVIDING THESE LINKS ONLY AS A CONVENIENCE, AND THE INCLUSION OF A LINK DOES NOT IMPLY ENDORSEMENT OF THE LINKED SITE BY OWNER. OWNER IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, or alteration of, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Owner is not liable for the defamatory, offensive or illegal conduct of third-parties and that the risk of injury from the foregoing rests entirely with You.

TERMINATION

Either Owner or You may terminate this Agreement at any time. In the event of the termination of this Agreement, You shall discontinue use of the Site and of any Content and any permissions obtained from Owner for use of any Content shall also be terminated. Without limiting the foregoing, Owner shall have the right to immediately terminate Your username and password, if any, in the event of any conduct by You which Owner, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. The provisions above concerning restrictions in use, warranty, limitation of liability, indemnification, trademarks, and termination shall survive termination of this Agreement.

Arbitration and Choice of Law

A material part of this Agreement is the agreement to arbitrate any disputes. Any and all disputes relating to this Agreement, with the exception of copyright, including its validity, interpretation, performance, breach or other matter shall be settled by arbitration in New York City pursuant to the rules of the American Arbitration Association. Such arbitration shall be heard by a single independent arbitrator selected by the parties to such dispute; provided that, if the parties cannot agree upon an arbitrator within fifteen (15) days following the initiation of the arbitration, a single arbitrator will be chosen by the American Arbitration Association. The decision of the arbitrator shall be binding on all parties, and the highest court having competent jurisdiction may enforce any award rendered by the arbitrator. You agree that the arbitrator shall have full authority to award all costs of the arbitration including legal fees, plus interest on any award.

Your access to and use of this Site, and these terms, are governed by and will be construed in accordance with the laws of the City and State of New York, U.S.A., without regard to principles of conflicts of laws.

No Waiver; Complete Agreement

The terms set forth in this Agreement represent the entire agreement concerning Your usage of the Site and Content. All prior understandings or representations, whether oral, written, based on “industry custom” or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both you and Owner. No action of either You or Owner, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee is authorized to waive it orally. In the event Owner waives any specific part of this Agreement, it does not mean Owner waives any other part.

Reservation of Rights

Owner reserves the right not to permit use of Content for any reason whatsoever. Owner reserves the right to change or modify, at any time, the terms of this Agreement without advance notice, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site, or by electronic or conventional mail, or by any other means by which You obtain notice thereof. Any use of the site by You after such notice shall be deemed to constitute acceptance by You of such changes, modifications or additions.

Contact

If you are unsure about your rights or obligations under this Agreement, or it you wish to use the Site or Content in a manner not permitted under this Agreement, please contact [Contact] at (212) 493-7400 phone; (212) 344-3344 fax, or [name@nycp.org] e-mail.

Partnership for New York City Online Policy

This statement discloses the online privacy policy (the “Policy”) of the Partnership for New York City, Inc. (the “Partnership”) concerning the treatment of information collected by the Partnership when you are on the Partnership website, and when you use Partnership services offered on this website. This Policy does not apply to the practices of companies that the Partnership does not own or control, or to people that the Partnership does not employ or manage.

Information Collection and Use

The Partnership is the sole owner of the information collected on this site. The Partnership does not collect personal information on consumers without their consent. In instances where such information is required, you are prompted to provide the minimum amount of information necessary. The Partnership is dedicated to the absolute privacy of its website users, and will keep such information strictly confidential. The Partnership will not sell, share, or rent personally identifiable information to any third party without your permission, unless required to do so in compliance with the law (for example, in response to a court order or a subpoena). We may also disclose such information in response to a law enforcement agency’s request. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Policy.

We may use personally identifiable information to communicate with you to fulfill a request by you for information. However, all employees, agents and contractors of the Partnership who have access to personally identifiable information are required to protect the confidentiality of this information in a manner consistent with this Policy.

The Partnership will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described in this Policy without also providing you with an opportunity to opt out of these unrelated uses.

There are several different points on our website where the Partnership requests and/or collects personal information from our users:

Server logs

The Partnership maintains server logs of accesses to its sites. These logs do not contain personally identifiable information such as your name or e-mail address and are used internally to determine what sections of our site are being accessed so that we may improve our site. These logs collect non-personally identifiable information about the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows ‘95 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink). We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use, but the IP addresses are not linked to personally identifiable information. We also may use this information in the aggregate to analyze site usage, as well as to offer you better service.

Cookies

The Partnership may set and access the Partnership cookies on your computer to understand site usage and to improve the content and offerings on our site. A cookie is a piece of data stored on the user’s hard drive by your browser containing information about the user. The Partnership does not tie cookies to personally identifiable information, and usage of a cookie is not linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie terminates. By setting a cookie on our site, a user can save time on our site (for example a user would not have to log in a password more than once). If a user rejects the cookie, they may still use our site, but may be limited in some areas of our site.

Registration

In order to use some areas on this website, a user must first complete the registration form. During registration a user is required to give their contact information (such as name and e-mail address). This information is used to contact the user about the services on our site. This information is personally identifiable information; once you register with the Partnership and sign in to our services, you are not anonymous to us. This information may include, but is not limited to your name, mailing address, and URL. This information will never be released to third parties without your permission unless required by law; the Partnership keeps all information collected strictly confidential. You may request that it be deleted from our system by e-mailing onlineprivacy@nycp.org, however, this may prevent future access to some areas of the Site.

Home Application and Job Recruiting sites

When you pre-apply for a home or a job through our website, you are providing personal information including your name, address, phone number and other contact information, as well as personal information that might include your resume, and other data related to the home or job application procedure. Your personal information is received directly by members of the appropriate Partnership department, and is shared with relevant Partnership staff members on a need-to-know basis only. The information is kept in a database on our internal private network. This information will never be released to third parties without your permission unless required by law; the Partnership keeps all information collected strictly confidential. You may request that it be deleted from our system by e-mailing onlineprivacy@nycp.org, however, this may remove your pre-application before it is process and have received a confirmation.

“Contact Us” Links

If you choose to contact us with a question or comment and provide your e-mail address, you will receive a response from our staff. This information will never be released to third parties without your permission unless required by law; the Partnership keeps this information strictly confidential. You may request that it be deleted from our system by e-mailing onlineprivacy@nycp.org.>

Correction/Updating Personal Information

You may request deletion of your Partnership account by sending an e-mail to onlineprivacy@nycp.org. For instructions on how you can access the personally identifiable information that this Partnership site has collected about you online, or how to correct factual errors in such information, please contact us at onlineprivacy@nycp.org. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

Security (Protection of personal information)

The Partnership makes every effort to protect your personal information by supporting industry-standard Secure Sockets Layer (SSL) technology to protect data transmissions when you submit information over the web. When our forms ask users for enter sensitive information (such as a social security number), the information is encrypted and is protected with SSL, the best encryption software in the industry.

SSL encrypts your personal information to prevent its interception and decoding by any party other than our website. To check the security of your connection, look at the bottom of your browser window after selecting the secure connection option. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. You can also double-check by looking at the URL line of your browser—when accessing a secure server the first characters of the site address will change from “http” to “https.”

Any personal information you provide will be kept confidential and made accessible to Partnership employees on a need-to-know basis only. The Partnership uses firewalls and other technologies to keep data private and reviews its security practices on a regular basis.

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment, in a locked room.

For more information on our Policy please e-mail onlineprivacy@pfnyc.org.

Links to Other Sites

This website contains links to other sites that are developed by people over whom the Partnership exercises no control. These other sites may send their own cookies to users, collect data, or solicit personal information. Please be aware that the Partnership is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

Changes to this Privacy Policy

The Partnership may edit this Policy from time to time. The Partnership reserves the right to change or modify, at any time, the terms of this Policy without advance notice, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this Site. Any use of the site by You after such notice shall be deemed to constitute acceptance by You of such changes, modifications or additions.

How to Contact Us with your Questions, Concerns or Suggestions

If you have any questions, concerns or suggestions about the Partnership online Policy for this site or its implementation you may contact us at onlineprivacy@pfnyc.org.