Equity Advocates Inc. Terms of Use

Published on September 24, 2024 

This website is owned by Equity Advocates Inc., a 501(c)(3) organization (“Equity Advocates”). These Terms of Use, together with Equity Advocate’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of Equity Advocate’s website located at  https://www.nyequityadvocates.org/ (the “Site”, and the provision of the Site and any services made available through the Site, the “Services”). 

BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE AND CONFIRM THAT (A) AT LEAST 18 YEARS OLD, AND (B) YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS THE SITE OR USE THE SERVICES. 

  1. Prohibited Conduct.  When using the Site/Services, you are strictly prohibited from taking any of the following actions, and you hereby agree not to: 

  • Use the Site or Services for any illegal purpose or to carry out any illegal acts, or in violation of any local, state, national, or international law; 

  • Violate or encourage others to violate the rights of third parties, including privacy or intellectual property rights; 

  • Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; 

  • Interfere in any way with security-related features of the Site; 

  • Interfere with the operation or any user’s enjoyment of the Site or Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent; 

  • Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Equity Advocate’s express written permission;

  • Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or 

  • Sell or otherwise transfer the access granted herein. 

2. Third Party Content.  The Site may contain links to third party websites and services, which are owned and operated by third parties that are not affiliated with Equity Advocates (the “Third Party Sites”) and which are subject to their own terms and conditions of use and/or privacy policies. Equity Advocates provides such links as a convenience and does not control or endorse the Third Party Sites. You acknowledge and agree that Equity Advocates has not reviewed the content, advertising, products, services, or other materials that appear on such Third Party Sites, and is not responsible for the legality, accuracy, or appropriateness of any such content, products or services. Equity Advocates 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 the use of any such Third Party Sites. Equity Advocates is under no obligation to maintain any third party link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever.  

3. Intellectual Property.  This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.  All trademarks and service marks on the Site belong to Equity Advocates, except third-party trademarks or service marks, which are the property of their respective owners. Images, videos and other content published on the Site are either the property of, or used with permission by, Equity Advocates. The use of these images, videos or other content by you or anyone else authorized by you for any purposes other than for personal use, is prohibited.  You acknowledge and agree that you relinquish all ownership rights in any ideas, comments or suggestions that you submit to Equity Advocates through this Site or while using the Services.

4. Payments and Payments Processing. The Site provides the ability for users to make online donations, which is governed by Equity Advocates’ donation policy(ies) (if any) which may be published on the Site. Equity Advocates uses third party payment services provider(s) to process all donation/payment transactions, and such transactions may be carried out on websites or applications managed and operated by the third party payment services provider(s), and governed by terms and conditions and/or privacy policies that are separate and different from these Terms.  The third party payment service provider(s)  may manage the routing of applicable donor information through the credit card and electronic check processing networks, as applicable.  By making a donation through any such third party payment service provider(s), you agree to be bound by the terms and conditions and privacy policies of such third party payment service provider(s). Equity Advocates is not affiliated with these companies and is not responsible in any way for the actions or performance (or lack thereof) of any such third party payment service provider(s).  Accordingly, Equity Advocates expressly disclaim all responsibility and liability for all services provided by such third parties payment service provider(s), including those related to donation/payment transactions, and you hereby waive and release Equity Advocates and its officers, directors, employees, contractors, consultants, affiliates, subsidiaries, and agents (collectively, the “Equity Advocates Parties”) from any and all claims, losses, liabilities, damages, costs and expenses  of any sort that you may have or incur as a result of using any such services. 

5. Indemnification.  You agree that you will be personally responsible for your use of the Site and the Services, and you agree to defend, indemnify, and hold harmless the Equity Advocates Parties from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site or Services; (ii) your violation of these Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party.  Equity Advocates reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

6. Termination.  If you violate these Terms, your permission to use the Site and Services will automatically terminate.  In addition, Equity Advocates, in its sole discretion, may suspend or terminate some or all of your access to the Services at any time, with or without notice to you.  

7. Modification of the Terms/Site.  Equity Advocates reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site or the Services.  Such modifications and additional terms and conditions will be effective immediately upon posting on the Site and incorporated into these Terms.  Your continued use of the Site following the publication of the modified Terms will be deemed acceptance of any modifications to the Terms. Equity Advocates reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you.  You agree that Equity Advocates will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.

8. Disclaimers of Warranties.  The Site and the Services (including all content, resources, material and other information provided in connection therewith) are provided by Equity Advocates on “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.  Although Equity Advocates seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to the Site or the Services, and there may at times be inadvertent technical or factual errors or inaccuracies. Equity Advocates specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade.  You assume all risk for any and all damages that may result from your use of or access to the Site and/or the Services. Equity Advocates does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.  

9. Limitation of Liability.  IN NO EVENT WILL EQUITY ADVOCATES INC. OR ANY OF THE EQUITY ADVOCATES PARTIES  BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE THIRD PARTY SITES AND SERVICES PROVIDED BY THIRD PARTY PAYMENT SERVICE PROVIDERS (OR THE INABILITY TO USE THE SAME), THE CONTENT CONTAINED ON THE SITE AND/OR SERVICES, OR ANY OTHER MATERIALS, RESOURCES OR INFORMATION CONTAINED IN OR ACCESS THROUGH THE SITE AND/OR SERVICES, WHETHER OR NOT EQUITY ADVOCATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Privacy Policy.   Our Privacy Policy, located at https://www.nyequityadvocates.org/privacy-policy, describes the details of Equity Advocates’ information practices and procedures for personal information we collect on this Site.  We strongly urge you to read our Privacy Policy prior to providing us any personal information.

11. Governing Law.  These Terms, and your access to and use of this Site and the Services, are governed by the laws of the State of New York, without regard to conflict of law principles.  To the extent that any lawsuit or court proceeding is permitted hereunder, you and Equity Advocates agree to submit to the exclusive jurisdiction of the state courts and federal courts located within New York County in New York State, for the purpose of litigating all such disputes.

12. General.  

    1. Entire Agreement.  These Terms (including any other terms or agreements referenced herein), together with our Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Equity Advocates regarding your use of and access to the Site and the Services. 

    2. No Waiver.  The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  

    3. Severability.  In the event that any provision of these Terms is found to be invalid or unenforceable, such provision shall be deemed to be severed from these Terms and the remaining parts will remain in full force and effect.

13. Notice to California Residents  Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.