WEBSITE USE POLICY, SUBSCRIBER AGREEMENT AND TERMS OF USE

1. Introduction

This legally binding subscriber agreement (the "Agreement") sets out the terms under which you may use the NYIF.com website, NYIF’s mobile and other online services, webinars, newsletters, e-learning courses, e-learning products, live course events, courseware and other items of content which you access, download or stream from this website (together, the “Content”).

We recommend that you store a copy of this Agreement for your records.

You will have been asked to confirm your agreement to the terms of this Agreement either before you access any of the Content for the first time as a subscriber or in a subsequent confirmation e-mail, and upon any renewal of your subscription. In addition, each time you access any of the Content you are confirming your agreement to its terms.

The Content is published by FT Group Inc. trading as NYIF (“NYIF”) and references in this Agreement to “we”, “us” or “our” refer to NYIF. The intellectual property rights in all Content, the services and the website is owned by NYIF or its licensors, including any Content marked the copyright of NYIF.

If your subscription has been acquired for your use at a company or other organization you work for or are otherwise engaged by, then you are also agreeing to the terms of this Agreement on behalf of that company or organization and both you and it are responsible for your use of the Content in accordance with this Agreement. A separate subscription is required for each user within an organization. You are responsible for all use of the Content made by you or anyone else using your ID and for preventing unauthorized use of your ID.

If you do not agree with this Agreement (or are not authorised to do so on behalf of your business or work) you should not access or use any of the Content.

NYIF will try to process your subscription application promptly but does not guarantee that the Content will be available to you by any specified time after buying the subscription.

2. Proprietary Rights and Permitted Use

NYIF or its licensors own all intellectual property rights (including copyright and database rights) in the Content.  You acknowledge that “NYIF” is our trade mark and that you may not use it without written permission from NYIF.

You may on a non-exclusive basis, for your own legitimate business or personal use:

- Retrieve and view Content on any compatible device; and

- Where Content is available for download, you may download and store a single copy on a storage device personal to you such as a USB drive (but not on any shared drive, shared server or other storage device connected to a network).

You may not (and may not permit any third party to): 

- Except as expressly permitted above, copy, reproduce, broadcast, transmit, modify, abstract, create derivative works of, store, archive, aggregate, publicly display, redistribute, share, forward, license, sub-license, publish, sell or in any way commercially exploit any of the Content;

- Share your username, password or any other website access details (“ID”) with any individual or other third party;

- Post the Content nor answers to any homework or test questions to newsgroups, mail lists, electronic bulletin boards, homework sites, content aggregators, file storage services or any other online destination;

 - Make your ID available to multiple users, including on a network or within an organization;

 - Remove any copyright or trade mark notices from the Content;

 - Frame, harvest or scrape the Content or do anything similar; or

 - Use the Content for any unlawful purpose.

 We reserve the right to monitor your use of the Content and any service. NYIF may cancel your subscription or suspend your access to the Content if you use the Content in breach of the above provisions.

 ALL RIGHTS RESERVED BY NYIF UNDER THIS AGREEMENT ARE WITHOUT PREJUDICE TO OUR OTHER RIGHTS AT LAW (INCLUDING APPLICABLE COPYRIGHT LEGISLATION).

3. Registration and Payment

All information received by us from your use of the Content and the services will be used by NYIF in accordance with our Privacy Policy. Please read this for details of how we may process your personal data.

In order to subscribe to or access the Content, you must provide us with accurate, complete registration information about yourself. It is your responsibility to update and maintain changes to your registration information by contacting us at customerservice@NYIF.com. Each registration is for a single user only.

If you wish to change your ID, or you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify NYIF immediately by e-mailing us at customerservice@NYIF.com

We may offer more than one level or type of subscription or access to the Content at any time and make different Content and services available to you depending on the level of subscription or access you acquire. This will be made clear to you at the time you register. NYIF reserves the right to change, suspend or discontinue any aspect of the Content, any level of subscription, the course content and course instructors at any time without notice and without further liability to you.

You must provide NYIF with complete and accurate payment information and agree to pay at the rates in effect on the date you register. By submitting card payment details to us, you warrant that you are entitled to purchase a subscription or access to the Content using those card details. If we do not receive timely payment or payment authorization or any authorization is subsequently cancelled or refused, we may immediately terminate your subscription or suspend your access to the Content.

NYIF will charge you in US dollars. You may also have to pay any applicable taxes.

You authorize NYIF to use, copy, edit, publish, display and make available your name, voice, photograph, testimonial, biographical information, image and likeness in any media, website, social media and video recording for NYIF's marketing and promotional purposes, without your ability to inspect or pre-approve. You acknowledge that you will not be paid or compensated for such use. You waive any rights to claim against NYIF arising out of this authorization, including claims based on invasion of privacy, defamation, right of publicity, copyright or any other violation of law.

 4. Subscriptions including a FT subscription

This section only applies if you have purchased a subscription to the Content that includes a FT.com subscription as part of the offer. In this instance we will aim to process your FT.com standard digital subscription (the “FT Subscription”) promptly but we do not guarantee that your subscription will be activated by any specified time.  The FT Subscription is published by The Financial Times Limited and will expire after the agreed time once activated.  You must accept the FT.com terms and conditions, privacy policy and cookie policy in order to access the FT Subscription and each time you access the FT Subscription you are confirming your agreement to those terms, conditions and policies.

In addition, where you have enrolled in a course or purchased a subscription to the Content you may receive exclusive offers to FT Live events operated by The Financial Times Limited.  Any such offers are subject to change from time to time at our or The Financial Times Limited’s discretion and are subject to FT Live’s terms and conditions in force from time to time.

You agree we may share your personal data with The Financial Times Limited and Pearson Education Inc. for these purposes. Termination of any elements of your subscription in accordance with their terms will not affect the other elements of that subscription which shall continue in force unless otherwise terminated.

 5.  Renewals and Cancellation for Subscriptions

We may offer different payment terms for your subscription to the Content and different lengths of subscription (such as annual subscriptions or monthly subscriptions) which will be made clear to you when you subscribe.  For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. For monthly subscriptions, your subscription will continue from month to month until you notify us that you no longer wish to receive it. The cancellation of your monthly subscription will become effective at the end of your then current monthly subscription period.

We will charge the subscription using the same card or other payment method that you previously used.  We will tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

 

By placing your order you agree that we may start your subscription immediately upon our accepting your order. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.

Except as set out in the previous section, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these terms).

You may notify us of your wish to cancel your subscription by contacting our Customer Services team at customerservice@NYIF.com or alternatively, call +1 212 641 6616.

NYIF reserves the right to suspend or terminate your subscription or your access to the Content if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription or your access to the Content if we are prevented from providing services and the Content to you by circumstances beyond our control. If we terminate your subscription or your access to the Content due to circumstances beyond our control and/or permanently cease publishing the Content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

6.  Cancellation, Transfer and Substitution for Live Events and Online Self Study

LIVE EVENTS: This section applies if you have purchased a place to attend a NYIF live course event. A full refund less a cancellation fee of 10% will be applied to all cancellations sent to customerservice@NYIF.com and received at least 6 weeks before the event. No refund or credit will be given for cancellations received less than 6 weeks before the event. A participant may transfer his/her enrollment in a particular live course event to another NYIF live course event only once after enrollment, and only in accordance with the terms and conditions of this Agreement. A charge of 10% of the original course fee will be applied to all transfers that occur 6 weeks or less before the substituted event. If you are unable to attend the NYIF live course event due to your inability to obtain a visa to enter the country in which the course is held, you will be subject to the same cancellation and refund policy as stated above. Should a participant be unable to attend an event due to visa issues, a substitute enrollee may attend the program at no extra charge, provided NYIF receives notification of the substitution in writing sent to customerservice@NYIF.com at least 7 calendar days before the event.

Venue details: Please refer to our website for venue location. Full details will be sent to you upon registration.

NYIF is not responsible for covering airfare, accommodation or other travel costs and expenses incurred by participants to attend a NYIF live course event, and the participant is solely responsible for all such costs and expenses. You may not record, film or take photographs at a NYIF live course event unless expressly permitted by NYIF. Materials distributed by NYIF during a NYIF live course event may not be reproduced or distributed without NYIF’s express permission. NYIF reserves the right to cancel programs and live courses for any reason. In the event of cancellation, participants will be notified prior to the start date. Any expenses incurred by a participant that are associated with a cancelled program or class, such as transportation, food or hotel costs, will not be reimbursed.

ONLINE SELF STUDY: This section only applies if you have purchased an online self-study course. A full refund will be granted to all cancellations received in writing (via email to support@nyif.com or customerservice@NYIF.com) within 72 hours of the system sending the end user the log-in access (e.g. username and password), unless the course was accessed within such time. No refund or credit will be given for cancellations received more than 72 hours after the system sends the end user the log-in access. NYIF is not responsible for emails that are not delivered or redirected by the end user's ISP or email client. If you have not completed the online self-study course within 3 months of the commencement of the course, you may notify us by emailing customerservice@NYIF.com and we will grant you a 1 month extension to complete the course for a fee of $50.

7. Third Party Websites and Content.

NYIF assumes no responsibility for any materials posted by third parties on the NYIF website or accessed on the website through hypertext or other computer links to sites hosted by third parties that are outside of NYIF’s control (“Third-Party Site”). NYIF does not endorse products, services or information provided by such third parties and shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any Third Party Site or otherwise posted by third parties on the NYIF website.

8.  Limitations and Exclusions of Liability

This section is important and you should read it carefully. It makes clear to what extent, if any, NYIF accepts responsibility (liability) to you for your use of the Content and the services provided by NYIF.

The Content and this website is provided on an “as is” and “as available” basis.  While NYIF endeavours to provide programs that are current and up-to date, these programs, and the associated courseware, are provided on an “as is” basis.

We are not liable to you for matters beyond our reasonable control, for the internet, for acts of God, or acts of third parties.

We are not responsible for any use of Content by you outside the scope of this Agreement.

We do not accept any liability to you for the Content or this website if you have not paid any fees to NYIF.

 We do not make any promises as to the availability, quality, security, completeness or accuracy of the Content or this website, or that it is free from any viruses or anything similar.

We will try to develop the Content and operate this website with reasonable skill and care and will use reasonable efforts to remedy any fault of which we become aware.  This is the only promise we make in relation to the Content and this website.

The Content is only for your general information and use and is not intended to address your particular requirements.  It does not constitute any form of advice, recommendation, representation or endorsement and should not be relied upon by users in making (or refraining from making) any specific business, investment or other decisions.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTIBILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. NYIF DOES NOT WARRANT THAT THE CONTENT, ANY PROGRAM OR ITS COURSEWARE WILL MEET ANY PARTICULAR REQUIREMENTS OR NEEDS, OR THAT THE CONTENT OF OR THE COURSEWARE FOR ANY PROGRAM WILL BE ERROR-FREE. Neither NYIF nor its licensors shall have any liability to YOU FOR any INDIRECT, CONSEQUENTIAL, SPECIAL, incidental, punitive or exemplary damages, including, but not limited to, Lost profits, lost revenues and loss of data, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY.

WE LIMIT OUR FINANCIAL RESPONSIBILITY TO YOU ARISING FROM YOUR USE OF THE CONTENT OR THE SERVICES OR OTHERWISE IN RELATION TO THIS AGREEMENT TO DIRECT DAMAGES ONLY, SUBJECT TO A LIMIT EQUAL TO THE PRICE YOU PAID FOR YOUR SUBSCRIPTION OR THE SERVICES. 

THE LIMITATIONS OF LIABILITY IN THIS SECTION 8 APPLY FOR THE BENEFIT OF NYIF, ITS LICENSORS, AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.

Nothing in this Agreement shall operate to exclude or restrict our liability for death or personal injury caused by that party’s negligence; for fraud or fraudulent misrepresentation; or for any liability which cannot be limited or excluded by law.

9. Choice of Law and Jurisdiction

If you are resident anywhere in the world other than the United States, this Agreement shall be governed by, and construed in accordance with, English law and to the extent possible in the applicable jurisdiction, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement.

If you are resident in the United States, this Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles and you and we irrevocably agree that the appropriate federal or state court in New York County, New York shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement.

10. General

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.   You agree that we may assign any of our rights or delegate any of our duties or obligations under this Agreement without your consent to any third party, including in connection with a reorganization, merger, consolidation, sale of assets or other similar transaction.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy.

Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

This Agreement constitutes the entire agreement between NYIF and you as to the Content and services and supersedes all previous agreements, communications, representations and arrangements, either written or oral.

11. Queries

Please send any queries (including complaints) about the Content and the services to customerservice@NYIF.com.    

12. Changes to Agreement

This version of the Agreement was published October 12, 2015 and replaces with immediate effect the Agreement previously published.  

 

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