Terms and Conditions of Use
Last Modified: June 29, 2020.
1. Acceptance of the Terms and Conditions
1st Street Foundation, Inc. (“1st Street”, “we” or “us”) maintains the website www.floodfactor.com, including all content, functionality and services offered on or through the site (the “Website”). The following terms and conditions (“Terms”) govern your access to and use of the Website, whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms.
4. Accessing the Website and Account Security
Information on the Website is provided with the understanding that 1st Street is not rendering any professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
We also reserve the right to withdraw or make any changes, modifications, additions, deletions, or corrections to the Website, and any service, product or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website. If you allow any persons to access the Website through your internet connection, you must ensure that they are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.
5. Intellectual Property Rights and Restrictions on Use
The Website and its entire contents, features and functionality, including but not limited to all information, software, text, illustrations, displays, images, trademarks, designs, icons, photographs, video and audio, and the design, selection and arrangement thereof, and any other content or materials that appear on the Website (collectively, the “Content”), are owned by 1st Street, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
1st Street reserves all rights in the Content and design, compilation and template of the Website. You agree to abide by any and all copyright notices, information, or restrictions contained in or relating to the Website or any Content. Unless permitted in writing by 1st Street, you may not reproduce, use or copy the Website or any Content for any purpose other than for your personal, noncommercial use, which is subject to the following additional conditions: (a) you must keep intact all copyright and other proprietary notices; (b) you cannot make any modifications to any materials; (c) you cannot use the materials in a manner that suggests an association with any of our products, services or brands and (d) you cannot reproduce any materials in bulk. You may not use commercially any information, services, product or items on the Website and you may not cause any of the Content on this Website to be framed or embedded into another website without written permission from 1st Street. You may not attempt to decompile or reverse engineer any of the software used by 1st Street as part of the Website. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Website or any related software.
All First Street Foundation and Flood Factor names, logos, product and service names, designs and slogans are trademarks of 1st Street or its affiliates or licensors. All other trademarks displayed on the Website or through links to other sites are the property of the respective trademark owners. You may not use such marks, or any confusingly similar trademark, logo or name, without the prior written permission of 1st Street or such other third-party that may own the trademark.
7. User Content
These Terms apply to each visitor to and user of the Website, including unregistered and registered users (individually “User” and collectively, “Users”). 1st Street has no duty to pre-screen content posted on the Website by Users, whether directly contributed by the User or contributed by us or a third party on behalf of the User, including, without limitation, postings, messages, testimonials, text, files, images, photos, forum or blog or any other content provided by a User to this Website (“User Content“).
All User Content is the sole responsibility of the User who contributed such content, whether such User contributed the content directly or through a third party website. You understand that 1st Street does not control, and is not responsible for User Content made available through the Website and specifically disclaims any liability related thereto. All Users represent and warrant that they own or otherwise control and have all legal rights to the content submitted by them and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the User Content.
1st Street further reserves the right to decline to permit the posting on the Website or to remove from the Website, any User Content that violates the Terms, any applicable law or regulation or any guidelines posted on this Website, each as determined in 1st Street’s sole discretion. Finally, 1st Street reserves the right (but does not assume the obligation) to edit User Content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements.
User Content shall not: (a) infringe anyone’s rights, violate the law or otherwise be inappropriate; (b) include personal information that can be used to identify or contact any person without that person’s explicit consent; (c) include promotional content that would promote other websites, businesses, services or products unaffiliated with the Website without our express permission, including without limitation contests, sweepstakes and other sales promotions, barter or advertising; (d) be unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or invasive of another’s privacy; (e) be obscene, abusive, discriminatory or illegal content; (f) be false or misleading; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) give the impression that such content emanates from or is endorsed by us or any other person or entity, if that is not the cause; (i) contain any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Website or the proper functioning of any software, hardware, equipment or materials used in connection with this Website; or (j) be bulk unsolicited advertising, promotional information, email, or other solicitation, including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort.
Although 1st Street does not claim ownership of User Content, you grant 1st Street and its affiliates and related entities an irrevocable, perpetual, non-exclusive right to use, copy, perform, display and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. You also grant 1st Street the ability to copyright and protect the User Content, including the images, copy, and content, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist 1st Street, at our expense and control, to protect such copyrighted material from unauthorized redistribution.
8. Links to Other Sites
The Website may provide certain social media features that enable you to link from your own or certain third party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth below, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.
You may create a link from another site that you own to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You may not establish a link from any website that is not owned by you and you may not link to any part of the Website other than the homepage. Any website on which you create a link must comply in all respects with these Terms. We reserve the right to withdraw linking permission without notice.
1st Street (including its directors, affiliates, officers, employees, agents, contractors, successors and assigns) makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.
Social Media Websites
9. Geographic Restrictions
The owner of the Website is based in the state of New York in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its Content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
10. Disclaimer of Warranties
We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER 1ST STREET NOR ANY PERSON ASSOCIATED WITH 1ST STREET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER 1ST STREET NOR ANYONE ASSOCIATED WITH 1ST STREET REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, SECURE, COMPLETE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS OR ANY PERFORMANCE RESULTS.
1ST STREET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation on Liability
IN NO EVENT WILL 1ST STREET, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, INCLUDING SOCIAL MEDIA SITES, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, (II) THESE TERMS OR ANY BREACH THEREOF BY YOU OR A THIRD PARTY, AND/OR (III) ANY USER CONTENT. THIS DISCLAIMER INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless 1st Street, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website’s Content, services, products or items other than as expressly authorized in these Terms or your use of any information obtained from the Website.
13. Governing Law and Jurisdiction
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States in New York, or the courts of the State of New York, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED IN NEW YORK WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. Waiver and Severability
No waiver by 1st Street of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of 1st Street to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16. Entire Agreement
17. Your Comments and Concerns
The Website is operated by 1st Street Foundation, Inc., 247 Water Street, Brooklyn, NY 11201.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to email@example.com.