terms of use & notices

Agreement Between User and NYRAD, Inc.

The "Nyradsteam.com", "Nyradsteam.org", "Nyradspace.com"; all respective aforementioned websites are owned, operated, and maintained by NYRAD Inc, Inc. located in Indian Harbour Beach, Florida ("NYRAD, Inc.").  

ACCEPTANCE OF TERMS

The NYRAD, Inc. Websites and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the NYRAD Inc. Websites, including placing orders to purchase products from NYRAD Inc., as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the NYRAD Inc. Websites may also be subject to additional terms as set forth in such section ("Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the NYRAD Inc. Websites or with any terms included with any product purchased from NYRAD Inc., then these terms shall control.  

SITE LICENSE AND ACCESS

NYRAD Inc. grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of NYRAD Inc. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NYRAD Inc. and/or its affiliates without express written consent of NYRAD Inc. You may not use any meta tags or any other "hidden text" utilizing NYRAD Inc.  name or trademarks without the express written consent of NYRAD Inc. Any unauthorized use terminates the permission or license granted by NYRAD Inc. You may not create a link to any of the NYRAD Inc. Websites without express written permission of NYRAD Inc. If permission is granted, such permission will consist of a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the NYRAD Inc. Website (www.nyradsteam.com, www.nyradsteam.org, www.nyradspace.com) so long as the link does not portray NYRAD Inc., its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NYRAD Inc. logo or other proprietary graphic or trademark as part of the link without express written permission of NYRAD Inc.  

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NYRAD Inc., you will not use the NYRAD Inc. Websites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NYRAD Inc. Websites in any manner which could damage, disable, overburden, or impair the NYRAD Inc. Websites (or the network(s) connected to the NYRAD Inc. Websites) or interfere with any other party's use and enjoyment of the NYRAD Inc. Websites. You may not attempt to gain unauthorized access to the NYRAD Inc. Websites, other accounts, computer systems or networks connected to the NYRAD Inc. Websites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the NYRAD Inc. Websites.  

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the NYRAD Inc. Websites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the NYRAD Inc. Websites. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between NYRAD Inc. and NYRAD Inc™. business partners and customers ("Business Agreement"), the Business Agreement shall control.  

MODIFICATION OF THESE TERMS OF USE

NYRAD Inc. reserves the right to change the terms, conditions, and notices concerning use of the NYRAD Inc. Websites without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the NYRAD Inc. Websites. Your continued use of the NYRAD Inc. Websites constitutes your agreement to all such terms, conditions, and notices.     

TERMINATION/ACCESS RESTRICTION

NYRAD Inc. reserves the right, in its sole discretion, to terminate or limit your access to any or all of the NYRAD Inc. Websites or any portion thereof at any time, without notice. You must be at least 18 years of age to transact any business with NYRAD Inc. or to submit any Personal Information to NYRAD Inc.  As such, if you transact or attempt to transact any business with NYRAD Inc. or submit or attempt to submit any Personal Information to NYRAD Inc., YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE NYRAD INC.WEBSITES IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access the NYRAD Inc. Websites.  

TRADEMARKS

If you submit any feedback, suggestions, posts or other communications (each a "Submission" and collectively "Submissions") to the NYRAD Inc. Websites or to NYRAD inc., you are granting NYRAD Inc., and its affiliated companies and its designees and sub licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. NYRAD Inc. is under no obligation to post or use any Submission you may provide and NYRAD Inc. may remove any Submission at any time in its sole discretion.  

COPYRIGHT

All content that is made available to view and/or download in connection with the NYRAD Inc. Websites, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, ("Content") and software ("Software"), is owned by and is the copyrighted work of NYRAD Inc. and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the NYRAD Inc. Websites is the exclusive property of NYRAD Inc. and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of NYRAD Inc. and/or its software suppliers and is protected by United States copyright laws and international treaty provisions. Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.  

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.  

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Certain customers and partners of NYRAD Inc. may receive a password from NYRAD Inc. to access certain information on the NYRAD Inc. Websites. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NYRAD Inc. immediately of any unauthorized use of your account or any other breach of security. NYRAD Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NYRAD Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and NYRAD Inc.     

LINKS TO THIRD PARTY SITES

The NYRAD Inc. Websites may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of NYRAD Inc. and NYRAD Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  NYRAD Inc. is not responsible for webcasting or any other form of transmission received from any Linked Site nor is NYRAD Inc. responsible if the Linked Site is not working appropriately.  NYRAD Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NYRAD Inc. of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings by you with third parties (including advertisers) included within the NYRAD Inc. Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.  NYRAD Inc. shall not be responsible or liable for any part of any such dealings or promotions.    

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Statement here for disclosures relating to the collection and use of your personal information.  

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE NYRAD INC. WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NYRAD INC. WEBSITES AND TO THE INFORMATION THEREIN. NYRAD INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NYRAD INC. WEBSITES AT ANY TIME. NYRAD INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE NYRAD INC. WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NYRAD INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT NYRAD INC.  SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE NYRAD INC. WEBSITES. YOU SPECIFICALLY AGREE THAT NYRAD INC. IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NYRAD INC. IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE NYRAD INC. WEBSITES BY ANY THIRD PARTY. IN NO EVENT SHALL NYRAD INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NYRAD INC. WEBSITES, WITH THE DELAY OR INABILITY TO USE THE NYRAD INC. WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE NYRAD INC. WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE NYRAD INC. WEBSITES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NYRAD INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, NYRAD INC™. LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO NYRAD INC. TO ACCESS THE NYRAD INC. WEBSITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST NYRAD INC. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NYRAD INC. WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NYRAD INC. WEBSITES.  

INDEMNIFICATION

You agree to indemnify and hold NYRAD Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the NYRAD Inc. Websites and/or any information (text or graphical), software, or products obtained through the NYRAD Inc. Websites and/or from NYRAD Inc.  

APPLICABLE LAW

All disputes against NYRAD Inc., including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; NYRAD Inc.™ trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Florida, U.S.A. and shall be submitted to a state or federal court in the State of Florida, including but not limited to the courts in Orange County and Brevard County, Florida, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the NYRAD Inc. Websites are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.     

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.   

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NYRAD Inc. with respect to the NYRAD Inc. Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NYRAD Inc. with respect to the NYRAD Inc. Websites.   

ELECTRONIC RECORDS AND COMMUNICATIONS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

CUSTOMER SERVICE

If you have any questions, comments, or concerns, please contact our customer service department, Monday through Friday via e-mail at info@nyradspace.com or by telephone at +1-321-396-5300 .