Terms of Service and Use
Understanding your rights and responsibilities as a NYCEDA User
Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
Terms of Service and Use
These Terms constitute a binding agreement between You and NYCEDA, LLC or the NYCEDA company operating the Web site for the country in which You live or in which business is headquartered (“NYCEDA”), and are deemed accepted by You each time that You use or access any NYCEDA Site or NYCEDA Services. If you do not accept the Terms stated here, do not use the NYCEDA Site and the NYCEDA Services.
NYCEDA may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the NYCEDA Sites suspended or terminated, at NYCEDA’s discretion.
You must be 13 years of age or older to visit or use any NYCEDA Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any NYCEDA Site under the supervision of a parent, legal guardian, or other responsible adult.
1. Use of NYCEDA Content.
NYCEDA authorizes You, subject to these Terms, to access and use the NYCEDA Site and the NYCEDA Content (as defined below) and to download and print a single copy of the content available on or from the NYCEDA Site solely for Your personal, non-commercial use. The contents of the NYCEDA Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other NYCEDA content (collectively, “NYCEDA Content”), are protected under copyright, trademark and other laws. All NYCEDA Content is the property of NYCEDA or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the NYCEDA Site is the exclusive property of NYCEDA and is protected by copyright, trademark, and other laws. Unauthorized use of the NYCEDA Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original NYCEDA Content on any authorized copy You make of the NYCEDA Content.
Any code that NYCEDA creates to generate or display any NYCEDA Content or the pages making up any NYCEDA Site is also protected by NYCEDA’s copyright and You may not copy or adapt such code.
You may not use any of the NYCEDA Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing NYCEDA Content on any Internet, Intranet or Extranet site or incorporating the NYCEDA Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. Use of the NYCEDA Services.
The Employer job posting, resume database, Veteran Post (Employment) Profile (“NYCEDA Veterans by State”) and other features of the NYCEDA Site may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, the NYCEDA Communities may be used by individuals for permitted professional and personal networking purposes. Your use of the NYCEDA Services is also subject to any other contracts You may have with NYCEDA. In the case of any conflict between these Terms and any contract you have with NYCEDA, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a NYCEDA Site.
All NYCEDA Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any NYCEDA Site’s infrastructure;
(c) use any device to navigate or search any NYCEDA Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by NYCEDA;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any NYCEDA Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any NYCEDA Site;
(h) aggregate, copy or duplicate in any manner any of the NYCEDA Content or information available from any NYCEDA Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any NYCEDA Content or information available from any NYCEDA Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(k) post any resume or apply for any job on behalf of another party, unless asked to do so by said party because they need assistance with using the website due to a disability or other limitation;
(l) defer any contact from an employer to any agent, agency, or other third party unless it is your job counselor or case manager assisting you in your job search and you have given them permission to act on your behalf in your job search and employment services;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any NYCEDA Site unless you have given permission to a family member (21 years or older) or a job counselor or case manager assisting you in your job search and you need help because of a disability or limitation.
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any NYCEDA Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any NYCEDA Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the NYCEDA Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by NYCEDA’s discretion.
Violations of system or network security may result in civil and/or criminal liability. NYCEDA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
(y) (do not) post personal content such as your last name, home address, home telephone or cell phone number, age, date of birth, social security number, veteran’s identification number(s), name of job counselor or case manager, disability or medical condition (if you have one), bank information, passwords or benefits information such as social security disability information, onto the NYCEDA website etc…
3. Additional Terms Applicable to Employers.
You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your NYCEDA Site registrations and passwords, whether or not authorized by You. You agree to immediately notify NYCEDA of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on NYCEDA Site. NYCEDA is not to be considered to be an employer with respect to Your use of any NYCEDA Site and NYCEDA shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NYCEDA Site.
You understand and acknowledge that if You cancel Your employer job posting or Your employer partnership or relationship with NYCEDA is terminated, all Your account information from NYCEDA, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from NYCEDA’s database. Information may continue to be available for some period of time because of delays in propagating such deletion through NYCEDA’s web server.
In order to protect our NYCEDA Community Users from commercial advertising or solicitation, NYCEDA reserves the right to restrict the number of e-mails which an employer may send to Users to a number which NYCEDA deems appropriate in its sole discretion. Users may contact NYCEDA to inform us if there are receiving excessive email from employers, job seekers or other users. NYCEDA will remove users who send excessive emails from the NYCEDA job postings pages and other web pages on the NYCEDA site.
NYCEDA reserves the right to delete job posting submissions and not publish them to the NYCEDA website if the job postings submissions are deemed inappropriate, not legitimate, not posted in good faith or are considered unsafe by NYCEDA staff receiving the job postings. The job postings are programmed to be sent in draft mode to NYCEDA staff before it is published to the website (internet, world wide web) for public viewing.
Profiles derived from User Content may also be made available through the Site. NYCEDA does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by NYCEDA;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in NYCEDA’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by NYCEDA;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
(h) job postings with multiple typos and misspellings
(i) job postings lacking adequate contact information
You may not use Your NYCEDA job posting to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) sell, promote or advertise products or services;
(e) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(f) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(g) post any business opportunity that pays commission only or 100% commission only in liu of a salaried paid position;
(h) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099; Note: Unpaid internship opportunity postings are permissible on a case by case basis;
(i) advertise sexual services or seek employees for jobs of a sexual nature;
(j) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(k) endorse a particular political party, political agenda, political position or issue;
(l) promote a particular religion;
(m) post jobs located in countries subject to economic sanctions of the United States Government; and
(n) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
NYCEDA reserves the right to remove, edit and screen any job posting or content from any NYCEDA Site, which in the reasonable exercise of NYCEDA’s discretion, does not comply with the above Terms, or if any content is posted that NYCEDA believes is not in the best interest of NYCEDA.
If at any time during Your use of the NYCEDA Services, You made a misrepresentation of fact to NYCEDA or otherwise misled NYCEDA in regards to the nature of Your business activities, NYCEDA will have grounds to terminate Your use of the NYCEDA Services.
Veteran (Employment) Profile Postings and Resume Database
Use of the NYCEDA Veteran (Employment) Profile Postings and Resume Database by Employers
You shall use the NYCEDA Veteran (Employment) Profile Postings and NYCEDA Resume Database as provided in these Terms and in any contract You have with NYCEDA. You shall use the NYCEDA Veteran (Employment) Profile Postings and NYCEDA Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from the NYCEDA Veteran (Employment) Profile Postings and NYCEDA Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from the NYCEDA Veteran (Employment) Profile Postings and NYCEDA Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction.
The NYCEDA Veteran (Employment) Profile Postings and NYCEDA Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, NYCEDA reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in NYCEDA’s sole discretion from time to time.
4. Additional terms applicable to Veteran Job Seekers.
When You use the NYCEDA Site, You will be asked to provide NYCEDA with certain information including, without limitation, a valid email address (Your “Information”), first name, last name, address, telephone number, if you have a disability or not, brach of military service, rank and a copy of your Military Service Record Form DD214. Your Military Service Record Form DD214 will be kept secure, private, and guarded using Veterans Affairs HIPAA standards and New York State Confidentiality and Privacy Laws. Once verification is made that the job poster is a United States Veteran, the Military Service Record Form DD214 copy or record will destroyed.
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and fields containing any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your first name (or alternate “User ID” name of your choosing, not email address) will be kept confidential and not viewable or accessible to the public using the NYCEDA website. Profile information is not shared with third parties by NYCEDA, unless requested to do so in writing by the poster.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the NYCEDA Sites or mailed to NYCEDA.
You understand and acknowledge that You have no ownership rights to your (employment) profile posting and that if You delete Your profile posting or Your ability to post your profile to NYCEDA is terminated by NYCEDA, all Your information you provided to NYCEDA, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from NYCEDA’s databases and will be removed from any public area of the NYCEDA Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through NYCEDA’s web servers. In addition, third parties may retain saved copies of Your Information before the deletion or termination takes place.
NYCEDA reserves the right to delete Your profile posting and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a NYCEDA Site (“User Content”) is the sole responsibility of the person from which such User Content originated. NYCEDA claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through NYCEDA and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through NYCEDA, you grant NYCEDA a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through NYCEDA. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant NYCEDA a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting NYCEDA and its services. NYCEDA will discontinue this licensed use within a commercially reasonable period after such User Content is removed from NYCEDA. NYCEDA reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of any NYCEDA Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any NYCEDA Site retains any and all rights that may exist in such User Content. NYCEDA may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any NYCEDA Site. NYCEDA reserves the right to expel Users and prevent their further access to the NYCEDA Sites and/or use of NYCEDA Services for violating the Terms or applicable laws, rules or regulations. NYCEDA may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for NYCEDA, damage NYCEDA’s brand or public image, or cause NYCEDA to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
NYCEDA does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does NYCEDA endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
You may not include, in any User Content submitted to NYCEDA Communities, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our NYCEDA Community Users from commercial advertising or solicitation, NYCEDA reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which NYCEDA deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the NYCEDA Site. NYCEDA does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the NYCEDA Site. Send comments to [email protected]. We will respond to your comments. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of NYCEDA.
None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. NYCEDA shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any NYCEDA Site and is accessible on such NYCEDA Site in a way that constitutes copyright or trademark infringement, please contact the Executive Director who is designated to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the NYCEDA Sites. You can contact the Executive Director by mail at the address below:
99 Madison Avenue, Suite 5028, New York, NY 10016
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
NYCEDA respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the NYCEDA Site, You agree not to use any NYCEDA Site to infringe the intellectual property rights of others in any way. NYCEDA reserves the right to block access to the NYCEDA Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. NYCEDA reserves the right, in its sole discretion, to take these actions to limit access to the Site, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Executive Director of NYCEDA as set out above.
8. NYCEDA’s Liability.
The NYCEDA Site act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. NYCEDA does not screen or censor the listings, including Profiles offered. NYCEDA is not involved in the actual transaction between employers and candidates. As a result, NYCEDA is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and NYCEDA makes no representations about any jobs, resumes or User Content on the NYCEDA Site. While NYCEDA reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the NYCEDA Site from time to time, NYCEDA does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
NYCEDA Communities provides a venue for individuals to network for professional and personal purposes and NYCEDA does not screen or censor the Profiles or User Content on the NYCEDA Site. NYCEDA is not involved in the actual communications between Users. As a result, NYCEDA has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the NYCEDA Sites and makes no representations about any Profile or User Content on the NYCEDA Site.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the NYCEDA Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the NYCEDA Site.
As a safety and security precaution all posts by users are programmed by the NYCEDA website to be first sent to NYCEDA staff in draft mode and will be checked for accidental or intentional disclosure of personal information and if the User who is posting the information has accidently or intentionally posted personal information as stated above, the User will be notified by email by NYCEDA staff in order to be instructed to rewrite posted information in a manner that complies with the above statements warning and blocking users against posting personal information. The information posted will not be approved or published (i.e. posted to the world wide web, for public internet viewing) on the NYCEDA website until necessary edits and corrections are made in order to maintain the safety and security of the User posting.
Because User authentication on the Internet is difficult, NYCEDA cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any NYCEDA Site, in the event that You have a dispute with one or more Users, You release NYCEDA (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The NYCEDA Site and the NYCEDA Content may contain inaccuracies or typographical errors. NYCEDA makes no representations about the accuracy, reliability, completeness, or timeliness of any NYCEDA Site or the NYCEDA Content. The use of NYCEDA Site and the NYCEDA Content is at Your own risk. Changes are periodically made to NYCEDA Site and may be made at any time. NYCEDA cannot guarantee and does not promise any specific results from use of any NYCEDA Site. No advice or information, whether oral or written, obtained by a User from NYCEDA or through or from any NYCEDA Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
NYCEDA encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall NYCEDA be liable for the deletion, loss, or unauthorized modification of any User Content.
NYCEDA does not provide or make any representation as to the quality or nature of any of community resources listed on the NYCEDA Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such resources and community products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 7 above.
If notified of any content or other materials which allegedly do not conform to these Terms, NYCEDA may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. NYCEDA has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, NYCEDA DOES NOT WARRANT THAT ANY NYCEDA SITE OR ANY NYCEDA SERVICES WILL OPERATE ERROR-FREE OR THAT ANY NYCEDA SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY NYCEDA SITE OR THE NYCEDA CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, NYCEDA IS NOT RESPONSIBLE FOR THOSE COSTS. THE NYCEDA SITES AND NYCEDA CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NYCEDA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NYCEDA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE NYCEDA CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL NYCEDA, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY NYCEDA SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY NYCEDA SITE AND THE NYCEDA CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NYCEDA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, NYCEDA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY NYCEDA SITE OR YOUR USE OF THE NYCEDA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The NYCEDA Site contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by NYCEDA of the contents on such third-party Web sites. NYCEDA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any NYCEDA Site.
You agree to defend, indemnify, and hold harmless NYCEDA, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any NYCEDA Site, (ii) Your use of any NYCEDA Content, or (iii) Your breach of these Terms. NYCEDA shall provide notice to You promptly of any such claim, suit, or proceeding.
NYCEDA makes no claims or representations that the NYCEDA Content may be lawfully viewed or accessed outside of the United States. Access to the NYCEDA Content may not be legal by certain persons or in certain countries. If You access any NYCEDA Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any NYCEDA Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York City, New York. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, NYCEDA’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect NYCEDA’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the NYCEDA Site, a particular “Legal Notice,” or software license or material on particular pages on the NYCEDA Site, these Terms constitute the entire agreement between You and NYCEDA with respect to the use of the NYCEDA Site. No changes to these Terms shall be made except by a revised posting on this page.
16. Additional Terms.
17. Term and Termination.
These Terms will remain in full force and effect while You are a User of any NYCEDA Site. NYCEDA reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the NYCEDA Site and limit or block your access to NYCEDA Site and/or any other services provided to You by NYCEDA, upon any breach by You of these Terms or if NYCEDA is unable to verify or authenticate any information You submit to a NYCEDA Site registration. Even after You are no longer a User of the NYCEDA Site, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
Update effective February 27, 2012
Your Privacy Rights
NYCEDA collects employment information you provide us with and distributes that information to help you connect with employers, other job seekers with similar interests and to provide other services to you. This policy describes how information is collected and distributed and your choices with respect to your personal information. Please review our full Privacy Statement below for detailed information on our information and privacy practices.
Information We Collect and Retain
We store (for a limited time) information you post and information you choose to provide us. We also collect information about how you use our sites and the areas of our site that you visit using Google Analytics and WordPress.org
- Cookies are created by LinkedIn.com, WordPress (NYCEDA’s website is powered by WordPress.org) and DISQUS.com (comment system/blog). You can delete the above cookies using your browser.
- We do not have a Career Ad Network
- We do not have session cookies
- We do not use persistent cookies
- We do not use flash cookies
- We do not display advertising from third parties (except those partnering and supporting NYCEDA’s missions)
- We do not use “Doubleclick”
- We do not use “Atlas”
- We do not use “Omniture”
- We do not use web beacons
How Information is Used
Information you post in public areas of the site or placed in the searchable Resume database will be accessed, used, and stored by others around the world. We strive to provide a safe, secure environment by attempting to limit access to our database to legitimate users, but cannot guarantee that unauthorized parties will not gain access. We also cannot control how authorized users store or transfer information downloaded from the database, so you should ensure that you do not post sensitive (personal information – phone numbers, addresses, email addresses, last name or any government, state or city identification numbers) onto the NYCEDA website.
We use the information we collect about you to deliver the products and services we offer, and to operate and improve our sites. Our services include the display of personalized content, agency logos, company logos, government logos and ads. We may use your information to contact you about NYCEDA site updates, conduct surveys, or informational and service-related communications, including important security updates.
Disclosure of Information to Others
We do not share your information with third parties.
If you have requested NYCEDA to use your information to contact you about services or resources – we will need your consent in writing to do so.
If you have requested NYCEDA to share your information with third parties in order for them to contact you about their products or services – we will need your consent in writing to do so.
We also share information where legally required. Information collected on our Site is stored in the United States, and may be subject to U.S. law.
Your Choices About Your Information
You may review, correct, or delete the information you submit/post to us at any time. Simply, go to your profile (using the random profile number assigned to you by NYCEDA, and make the necessary changes. Your new or edited posting information will replace you previously posted information. If your posted information, was previously accessed by others using the Sites (before you make the changes or deletions), we are unable to delete the information from their systems.
Therefore, as a safety and security precaution, all posts by users are programmed by the NYCEDA website to be first sent to NYCEDA staff in draft mode and will be checked for accidental or intentional disclosure of personal information and if the User who is posting the information has accidently or intentionally posted personal information as stated above, the User will be notified by email by NYCEDA staff in order to be instructed to rewrite posted information in a manner that complies with the above statements warning and blocking users against posting personal information. The information posted will not be approved or published (i.e. posted to the world wide web, for public internet viewing) on the NYCEDA website until necessary edits and corrections are made in order to maintain the safety and security of the User posting.
If you change your mind about receiving communications from NYCEDA , send an email to: [email protected]
Please review the full Privacy Statement for further information.
Our Sites are not intended for children under 13 years of age.
How to Contact Us
You may contact us for questions or concerns about our privacy practices. You may also call us at (917) 658-6049, or write to us at:
99 Madison Avenue, Floor 5, Suite 5028, New York, NY 10016
Last revised on February 27, 2012