Please read this page carefully. This page states the Terms and Conditions under which you, the website visitor (hereinafter “you” or “visitor”) may access and use our services and website (“NYMT Services”), the content of which is owned by or licensed to New York Mutual Trading, Inc. (“NYMT”), and is operated and administered by NYMT. By using our services and website, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use our services and website. NYMT may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should visit this page periodically to review these Terms and Conditions.
This website seeks to provide information about our company, products and services for your convenience only. Although NYMT strives for timeliness and accuracy in all of the materials on the website, it makes no representations, warranties, or assurances as to the availability, accuracy, timeliness, or completeness of this website or its contents. NYMT shall not be liable for any damages or injury resulting from your access to, inability to access, or use of our services and website, including, without limitation, any damages or injury arising from any links to other sites contained within or referred to in this website.
Use of NYMT Services and/or registration for NYMT Services is void where prohibited. You may use NYMT Services only if you can form a binding contract with NYMT and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use NYMT Services only in compliance with these Terms and Conditions and all applicable, local, state, federal, and international laws, rules and regulations.
These Terms and Conditions, and any posted revision to these Terms and Conditions, shall remain in full force and effect while you use NYMT Services or are a registered user. You may terminate your account at any time, for any reason. NYMT may terminate your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, NYMT reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of NYMT Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. NYMT expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of NYMT Services if NYMT determines, in its sole discretion, that you have violated these Terms and Conditions or pose a threat to NYMT, its employees, business partners, users or the public. Even after your registration is terminated, these Terms and Conditions will remain in effect.
You are responsible for safeguarding the password that you use to access NYMT Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another user at any time or to disclose your password to any third party. You agree to notify NYMT immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. NYMT cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
NYMT welcomes your comments on its website and content. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information, (collectively, the “Information”), the Information shall be deemed, and shall remain, NYMT’s property. By submitting any Information to the website, you assign such Information to NYMT and we shall exclusively own all now known or hereafter existing rights to such Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you.
As a user of this website, you are responsible for your own communications and the consequences of submitting them. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
NYMT Services contain Content of NYMT (“NYMT Content”). NYMT Content is protected by copyright, trademark, patent, trade secret and other laws of both United States and foreign laws, and NYMT and its licensors own and retain all right, title and interest in and to the NYMT Content and NYMT Services. NYMT hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the NYMT Content (excluding any software code) solely for your personal use in connection with viewing our website and using NYMT Services. You may not sell or modify NYMT Content or reproduce, display, distribute, or otherwise use NYMT Content in any way for any public or commercial purpose. Use of NYMT Content on any other site or in a networked environment is prohibited.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
NYMT respects the intellectual property rights of others and expects users of NYMT Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that any content on our website constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement appearing on NYMT Services is: New York Mutual Trading, 77 Metro Way, Secaucus, NJ 07094. Email: email@example.com.
NYMT Services contains links to sites owned by third parties. These links are posted on the NYMT website with the consent of such third parties. These links are provided solely as a convenience to you and are not an endorsement by NYMT of the contents of those other sites. NYMT is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this site, you do so at your own risk.
SALES TERMS AND CONDITIONS
Sales of our products on our website is also governed by our Sales Terms and Conditions, which is incorporated herein by this reference.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
PRICING AND CONTENT INFORMATION
While NYMT strives to provide accurate pricing information, pricing or typographical errors may occur. NYMT cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, NYMT shall have the right, at NYMT’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, NYMT may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
NYMT attempts to be accurate in its product descriptions. However, NYMT does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.
QUANTITY LIMITS AND DEALER SALES
NYMT reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. NYMT also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from NYMT for the purpose of engaging in a commercial sale of that same product(s) with a third party.
NYMT has made significant efforts to accurately display the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
NYMT does not represent or warrant that NYMT Services will operate error-free or that our website or our server is free of computer viruses or other harmful material. If your use of NYMT Services or NYMT Services’ material results in the need for servicing or replacing of equipment or data, NYMT shall not be responsible for those costs. NYMT Services and its material are provided on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties of any kind. NYMT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, NYMT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR PRODUCT OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, NYMT DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NYMT OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTIES MENTIONED IN THE WEBSITE CONTENT, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF OR INABILITY TO USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF NYMT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE NYMT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify and hold NYMT, its subsidiaries, and affiliates, subcontractors and other partners, and their respective stockholders, members, directors, managers, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of NYMT Services in violation of these Terms and Conditions or arising from your breach of these Terms and Conditions or any breach of your representations and warranties set forth in these Terms and Conditions or any Content that you submit or post on, through or in connection with NYMT Services.
GOVERNING LAW AND JURISDICTION
NYMT Services originates from New Jersey. NYMT does not claim that the Content on NYMT Services is appropriate or may be used outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access and use NYMT Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
We may change these Terms and Conditions from time to time. Unless stated otherwise, our current Terms and Conditions apply to your use of NYMT Services. If we make changes to these Terms and Conditions that, in our sole discretion, are material, we will provide you with notice as appropriate under the circumstances. By continuing to access or use NYMT Services after any changes to the Terms and Conditions become effective, you agree to be bound by the revised Terms and Conditions.
2. Email and Privacy
A. By signing the MTC Kitchen Home Delivery E-Commerce Incentive Program Agreement (the “Incentive Program Agreement”), you agree to receive emails regarding the Incentive Program from NYMT. These may include information about Program Incentives, Program updates, and other related materials at the discretion of NYMT. Participants may not unsubscribe from transactional emails of the Program but can cancel their membership in the Program as described below in the General Terms. When registering for the Program, Members will have the option of signing up to receive promotional email offers and updates from NYMT. Members may unsubscribe from NYMT promotional emails at any time via the unsubscribe link in those emails.
• For residents of the United States:
• Notice of Financial Incentive for California residents:
In addition to the other information described in this policy regarding the material terms of the Incentive Program, methods of opt-in and opt-out, we provide the following information to California residents. The categories of personal information collected to participate in the Incentive Program are: first name, last name, email address and purchase history. Voluntary data includes date of birth, phone number and interests.
3. General Terms of the Incentive Program
A. Membership in the Incentive Program and its benefits are offered at the discretion of NYMT, which reserves the right to terminate, change, limit, modify, or cancel any Incentive Program rules, regulations, benefits, or conditions of participation at any time, with or without notice. In the event of cancellation, incentive payments earned up to the date of cancellation will be issued according to the Terms in place immediately prior to cancellation.
B. NYMT may change or modify these Terms at any time. We will post the revision date with the revised Terms on our website. Electing to remain a Participant after a change in the Terms constitutes your acceptance of the revised Terms. The revisions to the Program that NYMT may make include, but are not limited to, any of the following changes: (i) increase or decrease the incentive earned as stated in the Incentive Program Agreement; (ii) cease providing Incentives; (v) change the method of becoming a participant in the Incentive Program; and (vi) institute or add blackout dates for earning Incentives.
D. In the event of a dispute over any payment due to Participant, the registration will be declared to have been made by the authorized account holder of the email address submitted at the time of registration for the Incentive Program. For purposes of these Terms, the "authorized account holder" is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
E. Abuse of the Incentive Program, including failure to abide by these Terms, the sale or barter (or the attempted sale or barter) of Incentives, and any misrepresentation of fact relating thereto or other improper conduct as determined by NYMT in its sole judgment may result in cancellation of a Participant's account and future disqualification from the Incentive Program, forfeiture of all Incentives accrued. At our discretion we may prosecute abuse of the Program to the fullest extent of the law.
F. You may cancel your participation in the Incentive Program at any time by calling or emailing NYMT at the phone number or email address in paragraph L of these Terms and Conditions. If you cancel your Agreement, any accrued but unpaid Incentives will be forfeited.
G. Incentives are not transferable and may not be combined among Participants or conveyed by any means to anyone, including to Participant’s successors and assigns. Accrued Incentives do not constitute property of the Participant. Accrued Incentives are not transferable by the Participant upon death, bankruptcy or otherwise.
H. By agreeing to participate in the Incentive Program, you release NYMT, its parent, its subsidiaries and affiliate entities, and their respective, directors, officers, employees and agents (the "Released Parties") from all liability with respect to the misdirection or misuse of any Incentives or other customer benefit, or the use of any Incentive by an individual other than a Participant who earned the Incentive. You further agree through your agreement to participate in the Incentive Program to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney's fees) relating to your participation in the Incentive Program, use of products or experiences offered or made available under the Incentive Program, or agreement to these Terms.
I. The Released Parties make no warranty or condition, express or implied, including, but not limited to, any warranties or conditions of merchantability or fitness for a particular purpose with respect to the Incentive Program, participation in the Incentive Program, or any products purchased in connection with the Incentive Program.
J. The Incentive Program and these Terms will be governed by and construed under the substantive laws of the State of New Jersey, without reference to conflict-of-laws considerations. Any claims must be raised and resolved in the federal or state courts situated in the State of New Jersey.
K. Any intellectual property in connection with the Incentive Program shall be belong solely to NYMT.
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