Meyer and Associates (“Meyer”, “we”, or “us”) maintains this Website for your information and education. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) govern your access to and use of www.nyit.meyerandassoc.com, including any content, functionality, and services offered on or through www.nyit.meyerandassoc.com (the “Website”).  Our Customer Portal is governed by a separate Terms of Service and User Agreement which can be accessed at https://customers.nyit.meyerandassoc.com/terms-of-service.html.

You agree to be bound by the terms and conditions contained within these Terms of Use, as well as our Privacy Policy. Collectively, these form a legally binding agreement between Meyer and you.

You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Use. These Terms of Use contain dispute resolution requirements, including an agreement to arbitrate all claims and disclaimers of warranties and liability. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may periodically change these Terms of Use which changes are effective immediately when we post them, so please check back from time to time. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

Use of Site

You may use or download material displayed on this Website for noncommercial, personal use only. If you download material, you must retain all copyright and other proprietary notices displayed on the materials. You may not distribute, modify, transmit, post, or otherwise use the content of this Website and/or content contained in e-mails distributed to you from Meyer for public or commercial purposes without Meyer’s written permission. Your access and use of the Website may be interrupted by, without limitation, maintenance of our equipment or networks, malfunction of our equipment or networks, or inadvertently by a third party or parties. Meyer reserves the right to refuse service if we believe that your conduct violates these Terms of Use.

By using the Website, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Website for any illegal or unauthorized purpose; and (7) your use of the Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

You are responsible for: (1) making all arrangements necessary for you to have access to the Website; and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

We reserve the right, but have no obligation to, monitor the Website for your or third party violations of these Terms of Use, take appropriate legal action against anyone who violates these Terms of Use, refuse or restrict access to or availability of any user’s interaction with the Website, remove the Website, or otherwise disable all files and content at our discretion, and otherwise manage the Website in order to protect the rights and property of Meyer and its customers.

Privacy

For an explanation of our practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy. By using the Website, you acknowledge that you have read and understand our Privacy Policy. These Terms of Use incorporate this Privacy Statement in full, and by agreeing to these Terms of Use, you agree to be bound by the terms of the Privacy Statement.

Representation of Data Collection

You consent to and agree that Meyer may collect data and personal information from you, as identified in our Privacy Policy, even though we may not be able to offer you any available products or services available for purchase. If you voluntarily provide us with any information about yourself or a third party, you agree that Meyer reserves the right to use that data for market analysis, advertising, or other commercial purposes. This is true even if Meyer cannot offer you or a third party products or services for sale at the time you provide us with this information.

Disclaimers, Limitations on Liability

Your use of this site is at your own risk. Meyer makes no representations or warranties about the suitability of the content of its Website for any purpose. Meyer provides all content of its Website on an “as is” and an “as available” bases without any warranty of any kind, either expressed or implied, including, but not limited to, any warranty of non-infringement or any implied warranty of merchant ability, title, non-infringement, or fitness for a particular purpose. Although we have taken great care to provide accurate information, the rates determined by the rate calculators and otherwise made available on this Website are not guaranteed accurate. The calculator is intended to provide a quick rating and are provided as a convenience to Website users. Information provided on this Website does not constitute any agreement or contract with the parties listed or involved. For details about the policies and products described on this Website, please refer to the actual policy or similar document. Contact us for assistance. In no event shall Meyer be liable to you for any indirect, incidental, consequential, or punitive damages arising out of your use of the Website.

We make no warranty or guarantee that any content available for downloading is free from infection from any computer programming or other glitches which may contaminate damage, interfere with, destroy, intercept, or expropriate any system, data, or personal information. We do not make any representations, warranties, or guarantees – express or implied – regarding quotes or offers provided on or through the Website. As such, we expressly disclaim all liability for any content, products, or services furnished from such service providers.

We further make no representations, guarantees, or warranties that the Website is appropriate or available for use in jurisdictions outside of the United States of America. If you access or otherwise use the Website from these jurisdictions, you do so of your own volition and risk, and are solely responsible for compliance with local and international law.

Representation to Use

You represent and warrant that: (1) You own and control all rights in and to the information (including any personal information) you provide to us in connection with your use of the Website or otherwise have all legally required authorizations and consents to provide us with such information (including personal information); and (2) You understand and acknowledge that you are responsible for any information (including personal information) you submit to us, and you have full responsibility for any such information (including personal information), including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any information (including personal information) provided by you or any other user of the Website.

Indemnification and Hold Harmless

By using the Website, you agree to indemnify, defend, and hold harmless Meyer, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, licensors, successors, and assigns against any claim, cost, fine, damages, including attorneys’ fees, arising from or related to your use of the Website and/or any violation by your of these Terms of Use.

Intellectual Property Rights

All content on the Web site, including text, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of Meyer or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Web site and/or on e-mails sent to you are the registered and unregistered Trademarks of Meyer and of Meyer’s licensors. Your use of the Trademarks displayed on this Website, except as provided in these Terms of Use, is strictly prohibited. You may not use our Trademarks without our express and written permission.

Any information, advice, data, software, or other content, which may be contained in or downloaded from the Website (collectively, “Content”), including, but not limited to, all text, graphics, charts, images, videos, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, us or our Content suppliers. We also own copyrights to a collective work in the selection, coordination, arrangement, organization, navigation, presentation, display, and selective alteration of the Content (“Collective Work”). All software used in providing or supporting the Website (“Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Any access you may have, including but not limited to, viewing, reading, printing, downloading or otherwise using the Content, Collective Work, or Software does not waive any of our rights and does not entitle you or any third party to any ownership or intellectual property rights.

You are solely liable for any damages arising from your infringement of our or any third party intellectual property rights with respect to the Trademarks, Content, Collective Work, or Software. You are solely responsible for any harm incurred to us or our affiliates as a direct or indirect result of you copying, distributing, redistributing, publishing, or using the same for purposes that are expressly or impliedly in violation of these Terms of Use.

No Third Party Beneficiaries

These Terms of Use are between you and Meyer, and no provision within these Terms of Use confers any implied or express right in any third party. These Terms of Use do not provide you with any authority to bind Meyer in any way.

Assignment

You may not transfer, assign, or license your rights under these Terms of Use without our prior express and written consent.

Void Where Prohibited

The Website is intended for use solely in the United States. Although the Website may be accessed by users in other locations, any offer or transaction for any feature, product, or service is void where prohibited by law.

Our Services Are Not Intended For Minors

The Website is not directed at minors, that is, persons younger than 18 years old. If you are not at least 18 years old, please do not attempt to access the Website. We do not knowingly contact or collect personal information from persons under 18 years old, and such a person should not provide us with any information.

Governing Law and Jurisdiction

You agree that these Terms of Use (and incorporated Privacy Policy) are governed and interpreted by the laws of the State of New Jersey without regard to principles of conflicts of law. By using the Website, you agree to personal and exclusive jurisdiction of the state and federal courts of New Jersey in order to resolve any dispute arising from your use of the Website, including but not limited to the enforcement of any arbitration award. You further agree to waive any objection to such jurisdiction or venue.

Dispute Resolution

Any dispute arising between Meyer and You out of or relating to this Agreement shall promptly and in good faith be negotiated with a view to its amicable resolution.  In the event Meyer and You are unable to resolve a dispute, controversy or claim, then a Party may initiate litigation.

No Oral Modification

These Terms of Use may not be modified through oral agreement or statements. The individual employees of Meyer, Meyer’s partners, and Meyer’s third party affiliates are not authorized to modify these Terms of Use except by the mechanism stated herein. Any employee offering to modify these Terms of Use is not acting as an agent of Meyer or with proper authority to bind Meyer. You agree not to rely on any statement, written or oral, by any employee or agent of Meyer or any third party with respect to modification or interpretation of these Terms of Use.

Waiver and Severability

No waiver by Meyer of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Meyer to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Notice

In the event Meyer may choose or become obligated to provide you with notices under or related to these Terms of Use, you consent to receive such notices or related communications by Meyer posting them on the Website, by sending them to you via an email address you provided, or by sending them to a postal address you provided, at our discretion. You further agree that any such communication as described herein satisfies any legal requirement that the communication must be provided in writing.

Entire Agreement

These Terms of Use and any policies or notices expressly incorporated by reference herein constitute the entire agreement of the parties and supersede any prior or contemporaneous agreements, understandings, warranties, or understandings, whether written or oral, whether express or implied, with connection to the Website.

Contact Us

If you have any questions about these Terms of Use or wish to notify us in relation to your use of the Website, you may contact Meyer by email at info@nyit.meyerandassoc.com or by phone at 973-635-7800 or 800-635-7801.

Thank you for reading these Terms and for visiting Meyer and Associates’ Website!