Terms and Conditions

Last updated: June 8, 2022

Please read these Terms and Conditions (“Terms”) carefully before using the Day Care Council of New York website (the “Website”) and the Early Childhood Employment Partnership job board (the “Job Board”) (collectively with the Website, the “Service”). The Service is operated by the Day Care Council of New York, Inc. (“DCCNY”, “us”, “we” or “our”).

By accessing or using the Service in any manner, you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service or to use it. 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. 

Some areas of the Service are provided by our third party partners (such as Stripe, LinkedIn and Google) and are subject to separate terms and conditions of use, which are posted on such third party partner’s website. 

NOTE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “BINDING ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE “BINDING ARBITRATION” SECTION BELOW.

We retain the right at our sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms.

User Responsibilities 

There are a few rules of conduct that you are required to follow when you use the Service:

• Do not access or use the Service in a manner that transmits unsolicited or unauthorized advertising materials, which can include communications that could be considered prohibited email marketing, junk mail, email spam or any other objectionable forms of communication. Listing job postings or communicating with job candidates about job postings listed through this Service shall not be treated as prohibited communications, unless the recipient opts out of communications from that employer.
• If you post something to the Service, such as certain information, text, graphics, videos, or other material, do not post anything that:
  • infringes any third party intellectual property right (such as copyrights),
  • is defamatory (i.e., something that is negative and untrue about another person or entity),
  • divulges another person’s or entity’s confidential or private information or trade secret,
  • is fraudulent, unlawful, threatening, harassing, abusive, violent, obscene, or discriminatory,
  • encourages criminal conduct,
  • advertises or solicits business for products or services other than those that are offered and promoted on this site, or
  • contains any virus, malware, spyware or other harmful content or code.
• Do not to access or use the Service in a manner that encourages or engages in violence, harassment, intimidation, discrimination, hate, or illegal activity.
• Do not “harvest” (or collect) information from the Service using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the site and information about the jobs or offerings available on the Service.
• Do not use automated means to access the Service or gain unauthorized access to the Service or to any account or computer system connected to the Service. This prohibition does not apply to search engines accessing the Service solely for web-indexing purposes.
• Do not obtain, or attempt to obtain, access to areas of the Service or our systems that are not intended for access by you.
• Do not “flood” the Service with requests or otherwise overburden, disrupt or harm the Service or its systems.
• Do not circumvent or reverse engineer the Service or its systems.
• Do not restrict or inhibit another user or users from using and enjoying this Service.

You also must comply with all applicable laws and contractual obligations when you use the Service.

Privacy Policy

Please see our Privacy Policy that describes how we use and disclose the information we collect.

Communications

The communications between you and us via the Service use electronic means, whether you visit the Service or send us an email, or whether we post notices on the Service or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

By creating an account or an email alert on our Service, you may receive newsletters, marketing or promotional materials (all three types of communications collectively referred to as “Promotional Materials”) and other information. You may opt out of Promotional Materials from us by following the unsubscribe link or instructions provided in any email we send. However, you agree we may send you other information that relates to Service administration, usage, or maintenance. Examples of Service administration, usage, or maintenance communications may include changes to Terms or the Privacy Policy, information about enhancements or changes to the Service, or requests to update user information.  

Job Postings & Review Process 

The Job Board is intended for positions in the Child Care sector, for private and for non-profit employers. You should not post a position that is not in the Child Care sector. For example, you may post a janitor position for your Child Care program. However, you cannot post a janitor position for a Youth, Homelessness, or other social service program.

Posted positions will be reviewed for relevance and appropriateness. DCCNY reserves the option to reject posted positions or to request modifications. Posted positions that are rejected may result in the user forfeiting the job posting fee(s). 

Job Posting Fees

Child Care employers may post open job positions under the relevant category and fee structure listed below. Each job must be posted individually; postings that list multiple jobs will be rejected or modified.

1 )      DCCNY members in good standing (those that have paid their dues for the Fiscal Year in which the Job Board will be used to post a job opening) shall be able to post at no cost, as a DCCNY member benefit. A DCCNY Fiscal Year is from July 1 through June 30 of the following calendar year. Each posting shall be listed for 45 days and may be extended without cost for an additional 45-day increment(s), so long as the member remains in good standing during the Fiscal Year in which the position is posted.

DCCNY members who were in good standing in the previous Fiscal Year shall receive a six-month grace period in a new Fiscal Year (July 1 through December 30) to become a member in good standing. During this grace period, the DCCNY member may post job openings at no cost. If the DCCNY member is not in good standing after December 30 of a Fiscal Year, the existing job postings will be suspended and there will be a fee to post or renew job postings, according to the fee schedule in subsections 2 or 3 below.

DCCNY members who were not in good standing in the previous Fiscal Year shall not receive a six-month grace period in a new Fiscal Year. These DCCNY members shall pay to post or renew job postings, according to the fee schedule in subsection 2 or 3 below, until they become a member in good standing in the Fiscal Year in which the job is to be posted or renewed.

2)      Nonprofit organizations, as recognized by the U.S. Internal Revenue Service or the State of New York, shall be charged $25 per position Proof of nonprofit status may be required. Each posting shall be listed for 45 days. A posting may be extended in 45-day increments at a cost of $25 per extension.

3)     All other organizations that do not meet the requirements of subsections 1 or 2 shall be charged $50 per position Each posting shall be listed for 45 days and may be extended in 45-day increments at a cost of $50 per extension.

A valid credit card is required to process the payment for job postings. Job posters shall provide DCCNY with accurate and complete valid credit card information and billing information including full name, address, state, zip code and telephone number. By submitting such payment information, you automatically authorize DCCNY to charge all job posting-related fees incurred through your account to any such payment method(s). Organizations will be unable to post job openings without a valid credit card or valid authorized charge to that credit card.

DCCNY reserves the option to enable storage of user credit card information as part of an employer-type account. Such stored credit cards may be used by employers and their authorized agents to pay for job posting fees. DCCNY currently uses Stripe with range in fee from 2.2% to 3.5% per transaction. DCCNY will strive to provide reasonable notice of fee changes but reserves the right to institute changes without prior notice. 

Fee Changes

DCCNY, in its sole discretion and at any time, may modify the fees charged for job postings or extensions, or for any administrative fees on refunds or credits. Your continued use of the Job Board after the fee change becomes effective constitutes your agreement to pay the modified fee amount for a new posting or for a renewal. 

Refunds

Once a job posting is submitted and payment is processed, any associated job posting fees are nonrefundable. Exceptions to this policy will be determined by us on a case-by-case basis and at our sole discretion. 

Content

The Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability and appropriateness.

Responsibility for what is posted in public areas of our website lies with each user. You alone are responsible for the material you post or otherwise make available in public areas of the Service. You alone are responsible for assessing the credibility of other user postings. You understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.  You also understand and agree that any action or inaction by us or any of our affiliates, and our and our affiliates’ directors, officers, employees, independent contractors, volunteers, consultants, advisors, attorneys, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms.

Although Our Representatives may moderate content, conduct and Terms compliance on the Service at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representatives or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Executive Director and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to deny access or to terminate the account of anyone found to be infringing the intellectual property rights of others.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by submitting or posting Content using the Service, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

Accounts

To access certain features or areas of the Service, you are required to provide personal and/or demographic information as part of an account registration or log-in process. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete and current at all times. The information you submit must describe you (you may not impersonate another person or entity). Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Service.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene, nor may you post Content that is offensive, vulgar, or obscene.  You may not sell, share or otherwise transfer your account information.

You agree to accept responsibility for any and all activities or actions that occur when this Service is accessed through your account and/or password, whether (i) authorized by you or not or (ii) your password is with our Service or a third-party service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. We are not liable for any loss or damage arising from your failure to protect your password or account information. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 

Minors

The Service is geared toward a general audience and is only available to individuals 18 years old and over.  Please see our Privacy Policy for additional information on the processing of children’s personal information.

Intellectual Property 

We or our licensors or partners own the intellectual property rights in the content and materials found on, through or displayed on the Service (excluding Content provided by users). The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, trade secrets and trade dress may not be used in connection with any product or service without the prior written consent of DCCNY or the relevant licensors.

Copyright Infringement Notices

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement.  If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Service in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by email to eewing@dccnyinc.org with the subject line “Attention: Copyright Agent”. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.  In accordance with the DMCA and other applicable law, we may terminate, in appropriate circumstances and in our sole discretion, the site usage privileges of users who are deemed repeat infringers of intellectual property rights.

Changes to the Service

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Service or any portion of the Service. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Linking Policies

Our Service may contain links to third party web sites or services that are not owned or controlled by DCCNY (“Third Party Sites”). Such links are provided for your convenience only, and you access them at your own risk. Our Service may also be enabled through use of Third Party Sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.

DCCNY is not responsible for, does not endorse and has no control over the content, privacy policies or practices of any Third Party Sites, or the products and services sold on Third Party Sites. DCCNY does not take responsibility for the accuracy or offerings of any Third Party Sites. You acknowledge and agree that DCCNY 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 of or reliance on any content, products or services available on or through any Third Party Sites. 

You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Service, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Service upon notice. If you receive such a notice from us, you agree to discontinue your link to the Service. 

Termination or Suspension of Access

We may terminate or suspend your account and deny access to the Service, or to any features or portions of the Service, immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a violation of the Terms or failure to remit payment required hereunder.  In the event that we terminate or suspend your use of and/or access to the Service, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination.

A termination or suspension due to a violation of the Terms, vulgar or obscene content, or harassing, discriminatory or anti-competitive actions may result in removal of all user content or forfeiture of any fees.

If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless DCCNY and its affiliates, and their respective employees, independent contractors, attorneys, advisors, volunteers, consultants, partners, agents, officers, directors, service providers and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, expenses or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of (i) your use or access of the Service, (ii) any violation of these Terms or applicable law, or (iii) Content posted on the Service, in each case by you or any person using your account and password.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive the Terms and the termination of your use of the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall DCCNY or its affiliates, nor their respective directors, officers, employees, independent contractors, volunteers, consultants, partners, agents, service providers, attorneys, advisors or suppliers, be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential , exemplary or punitive damages), including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising or resulting from, or directly or indirectly related to (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), strict liability or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Notwithstanding and without limiting the foregoing, you agree that the liability of DCCNY and its affiliates (and their directors, officers, employees, partners, independent contractors, agents, attorneys, advisors, service providers or suppliers), if any, arising out of any kind of legal claim in any way relating to the use of the Service will not exceed the amount you have actually paid to us, if any, for use of the Service, or, if applicable, for use of the specific features of the Service from which the claim in question first arose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

This means that DCCNY, its subsidiaries, affiliates, and its licensors make no promises that: (i) the Service will function uninterrupted or available at any particular time or location; (ii) the Service or the information transmitted to or from it or stored on it will be secure from unauthorized access, or information and materials that you store in your account or on the Service will remain retrievable and uncorrupted; (iii) the information on the Service will be accurate or up-to-date; (iv) any errors or defects will be corrected; (v) the Service is free of viruses or other harmful components; or (vi) the Service will meet any particular requirements or provide any particular results.

Although we try to ensure that the information posted on the Service is accurate and up-to-date, we reserve the right to change or make corrections to any of the information (including pricing) at any time. No advice, results or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein. We hereby disclaim, and you hereby waive, any and all warranties and representations made in documents on the Service, by our customer service and support agents, and otherwise on the Service or in correspondence with us or our agents. We are not responsible for any content or materials posted to our site by users, nor for disputes between users, or between users and third parties.

If you purchase a product or service from a third party after following a link or advertisement on the Service, the terms of sale for your purchase are between you and the third party from whom you made the purchase. We are not responsible for such third party products or services or for disputes between you and their sellers.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, the liability of DCCNY and its affiliates, and their respective directors, officers, employees, independent contractors, volunteers, consultants, partners, agents, attorneys, advisors, service providers or suppliers, is limited to the fullest extent permitted by the law of such jurisdictions.

Jurisdictional Issues

We control and operate the Service from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Service are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. We do not represent that materials on the Service are appropriate or available for use in other locations. If you choose to access the Service from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Applicable Law; No Waiver; Severability

These Terms, and the relationship between you and DCCNY, shall be governed and construed in accordance with the laws the United States and the State of New York, without giving effect to any principles of conflicts of law.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.

Binding Individual Arbitration

Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates arising out of or relating to the Service or any service thereon, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

Agreement to Arbitrate.  If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, other than those matters listed in the “Exclusions from Arbitration” clause, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

Exclusions from Arbitration. YOU AND WE AND OUR AFFILIATES AGREE THAT ANY CLAIM FILED BY YOU OR BY US OR OUR AFFILIATE IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.

RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO: [LEGAL COUNSEL, DAY CARE COUNCIL OF NEW YORK, INC., 1430 BROADWAY, SUITE 404, NEW YORK, NY 10018, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT NUMBER, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US OR OUR AFFILIATES THROUGH ARBITRATION.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICE, OR THESE TERMS, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO: LEGAL COUNSEL, DAY CARE COUNCIL OF NEW YORK, INC., 1430 BROADWAY, SUITE 404, NEW YORK, NY 10018, TO GIVE US OR OUR AFFILIATE YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we or our affiliate you have a Dispute with does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you, us or our affiliate you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or the entity you have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

Arbitration Procedures. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with the entity you had a Dispute with as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the entity you have a Dispute with or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final on the parties and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or the entity you have a Dispute with may initiate arbitration in either New York County, New York or the county in which you reside. In the event that you select the county of your residence, the entity you have a Dispute with may transfer the arbitration to New York County, New York in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

Severability. If any clause within this section is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect.

Continuation. This section shall survive any termination of the Terms or the provision of the associated services to you.

Governing Jurisdiction

ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each Party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of these terms in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of these terms in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law. Any changes made to the Terms will only apply prospectively.

By continuing to access or use our Service after any revisions become effective, you accept the Terms as modified. If you do not agree to the new Terms, you are no longer authorized to use the Service.

Other

These Terms, together with any additional terms and conditions that may apply to specific areas of the Service, constitute the entire agreement between us and you with respect to the Service. This agreement is personal to you and you may not assign it to anyone.

These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.

Contact Us

If you have any questions about these Terms, please contact us at info@dccnyinc.org.