Terms and Conditions/Privacy Policy

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Terms of Use

Please carefully read the following Terms of Use before using the Internet website www.cbcny.org (the “Site”).  By accessing this Site, you agree to be bound by these Terms of Use.  If you do not agree to the these Terms of Use, please do not use this Site.  Each time you use the Site, the current version of the Terms of Use will apply.  Accordingly, when you use the Site, you should check the date of the Terms of Use (which appears at the top) and review any changes since the last version.
 
1. Intellectual Property
The data and materials on the Site, including without limitation text, graphics, logos, photos, music, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site (collectively, the “Content”) are the intellectual property of Citizens Budget Commission (“CBC”, “we”, or “us”), our licensors and our suppliers.  The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our suppliers, as the case may be.

You may only use the Content retrieved from this Site for your own personal, non-commercial, educational, private or domestic purposes. You agree to not engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices.  We reserve all rights not expressly granted in and to the Site and the Content.

2. Submitting Information to the Site
Please see our Privacy Policy for general information regarding the collection and use of personally identifiable and aggregate information on our Site. We do not want to receive confidential or proprietary information from you through this Site unless you have another written agreement with us related to the sharing of such information. Any information that we receive through this Site, other than your personally identifiable information and aggregate information covered by our Privacy Policy, will be deemed to be NON-CONFIDENTIAL and NON-PROPRIETARY.  BY TRANSMITTING TO US INFORMATION VIA THIS SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT WE MAY USE YOUR SUBMISSION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU AND YOU AUTOMATICALLY GRANT US, AN IRREVOCABLE, ROYALTY-FREE, PERPETUAL, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, COPY, DISPLAY, PUBLISH, MODIFY, AND EDIT SUCH SUBMISSIONS IN ANY FORM, MEDIA, OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED, AND TO SUBLICENSE THESE RIGHTS TO ANYONE.  YOU ALSO WARRANT THAT, TO THE EXTENT THAT YOU ARE NOT THE EXCLUSIVE HOLDER OF ALL RIGHTS IN CONTENT YOU SUBMIT, THE HOLDER OF ANY RIGHTS HAS COMPLETELY AND EFFECTIVELY WAIVED ALL SUCH RIGHTS AND VALIDLY AND IRREVOCABLY GRANTED TO YOU THE RIGHT TO GRANT THE LICENSE STATED ABOVE.

3. Links to Other Websites
This Site contains links to websites operated by other people or companies.  We do not control the content of those websites and take no responsibility for their content, nor should it be implied that we endorse or otherwise recommend such sites or the products or services offered.  We encourage you to review the privacy policies and terms of use of any third party sites.

4. Privacy Policy
We are committed to protecting the privacy of users of the Site.  For information on how information is collected, used or disclosed by us in connection with your use of this Site, please consult our Privacy Policy.

5. Disclaimer
CONTENT, ON THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.  

CBC, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE (THE “RELEASED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND  DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION  OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES.

FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 
 
6. Limitation of Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (ii) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.  

WE RESERVE THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SITE OR THE CONTENT ON THE SITE OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.  

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  

7. Indemnification
You agree to indemnify, defend and hold harmless the Released Parties from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms of Use and (ii) your use of and access to the Site.

8. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

9. Choice of Law and Forum
The Terms of Use shall be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules.  Any dispute arising out of or relating to this Terms of Use or your access or use of this Site will be subject to the exclusive jurisdiction of the court located within the County of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.  

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Online Privacy Policy

This online privacy policy (“Privacy Policy”) describes the types of information Citizens Budget Commission (“CBC”, “we” or “us”) gathers from those persons visiting the Internet website www.cbcny.org (the “Site”) and how we use that information.  By accessing this Site, you agree to be bound by the Privacy Policy.  If you do not agree to the terms of this Privacy Policy, please do not use this Site.  Each time you use the Site, the current version of the Privacy Policy will apply.  Accordingly, when you use the Site, you should check the date of this Policy (which appears at the top) and review any changes since the last version.

1. General
We may collect two types of information from users of our Site: "personally identifiable information" (such as name, e-mail address, phone number, etc.) and "aggregate information" (such as frequency of visits to the Site, search terms entered, Site pages most frequently accessed, browser type, entry and exit points, referring URL, etc.).

2. Collection and Use of Personally Identifiable Information
We collect personally identifiable information that is voluntarily provided by users of the Site when users want to be included on our mailing list. If you want to be on our mailing list, you will be required to provide, at a minimum, your name and e-mail address.  We use this personally identifiable information to communicate with you about special events and e-mail you reports.

3. Collection and Use of Aggregate information
We also collect aggregate information, which is non-personally identifiable/anonymous information, from all users of the Site.  Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information.  We use aggregate information to help us develop and improve our Site and to improve visitors’ experiences on the Site.

4. Collection and Use of IP Addresses
In addition, we collect IP addresses to obtain aggregate information on the Site.  An IP address is a number assigned to your computer by a web server when you are on the web.  When you are on our Site, we have a back-end server that logs your computer's IP address.  We only use the information we find out from tracking IP addresses in the aggregate, such as how many users entered a specific area of our Site, and not to track a specific IP address to identify an individual user.  However, we may use such information to identify a user if we feel that there are or may be safety and/or security issues or to comply with legal requirements.

5. Sharing, Selling, and Trading Personally Identifiable Information Collected Online with Third Parties
We will not share, rent, sell or disclose personally identifiable information collected on the Site to unrelated third parties for such parties’ own marketing and promotional purposes.  
In the following circumstances, we may share or transfer personally identifiable information collected on the Site to unrelated third parties: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on us; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of our company; or (iv) when we believe it is appropriate to do so to protect the rights, property, or safety of visitors to our Site or other persons.   

Finally, we reserve the right to share personally identifiable information collected on the Site with third party service providers, such as service providers who send emails on our behalf. These third party service providers will not be authorized to retain, share, store or use personally identifiable information for any purpose other than that for which such party is engaged.

6. Sharing, Selling and Trading Aggregate Information Collected Online With Third Parties

We do not sell, share or trade compiled aggregate information relating to activity on the Site.

7. Children and Privacy
We are concerned about the safety of children when they use the Internet, and realize that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.  Our Site is not directed towards children under the age of thirteen (13).  In order to comply with applicable federal law, we will never request personally identifiable information from anyone whom we know to be under the age of thirteen (13) without verifiable parental consent. If we become aware that a user is under the age of thirteen (13) and has provided personally identifiable information without prior verifiable parental consent, we will remove his or her personally identifiable information from our files.  

8. Security
We restrict access to personally identifiable information collected from visitors of our Site to  our employees who need to know that information in order to provide services to you. In addition, we make reasonable efforts to follow generally accepted industry standards to protect the personally identifiable information submitted to us. No method of transmission over the Internet, or method of electronic storage, however, is 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.   IN NO EVENT WILL CBC, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE (“RELEASED PARTIES”) BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE; (ii) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION STORED THEREIN; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.  THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

9. Links to Other Websites
This Site contains links to websites operated by other people or companies.  Those websites may have their own privacy policy or no privacy policy at all.  We do not control the content of those websites and take no responsibility for their content, nor should it be implied that we endorse or otherwise recommend such sites or the products or services offered.  We encourage you to review the privacy policies and terms of use of any third party sites.

10. Changes to this Policy
We reserve the right to update or modify this Policy, at any time and without prior notice, by posting the revised version of this Policy on our Site.

11. Corrections/Information Removal/Opt-Out
If your name, e-mail address or other personally identifiable information collected on the Site changes, you may update, correct or omit the relevant information by contacting us at admin@cbcny.org.
If you prefer not to receive marketing e-mails from us, please click on the unsubscribe link within any marketing e-mail you receive from us.  Please note that such requests may take up to ten (10) days to become effective.

12. Contact Us
If you have questions regarding this Privacy Policy or the information collection and dissemination practices of this Site, please contact us at admin@cbcny.org.

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