Welcome to NYinc.com (the “Website”), operated by Encinal Associates LLC (“NY Inc”).
All information provided on the Website is provided for informational purposes only, and does not constitute legal advice or a substitute for legal counsel. NY Inc assumes no responsibility for the accuracy or timeliness of any information provided on or otherwise transmitted through the Website, or resulting from your use thereof.
No recipients of content from the Website should act or refrain from acting on the basis of any content included in the Website without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state.
The content of the Website contains general information and may not reflect current legal developments, verdicts or settlements. NY Inc expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Website.
Any information sent NY Inc by e-mail, through the Website, or by any other means, is not secure and is done so on a non-confidential basis. Some links within the Website may lead to other websites, including those operated and maintained by third parties. NY Inc includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.
This Website and its contents are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Reproduction, distribution, republication, and/or retransmission of material contained within this Website is prohibited unless the prior written permission of NY Inc has been obtained.
Attorneys on Website
NY Inc acts as a marketplace to connect clients (“Clients”) with attorneys (the “Attorneys”). You acknowledge and agree that NY Inc is not a party to any agreement between Clients and Attorneys, and that we are not liable to you for any loss incurred as the result of an Attorney’s acts or omissions, including without limitation failure to fulfill an order, failure to communicate, breach of contract, conversion, fraud, negligence, and intellectual property violations.
NY Inc does not necessarily have control over the quality, safety, morality or legality of any aspect of any Attorney’s services, the truth or accuracy of any Attorney statements, or the ability of Attorneys to fulfill their obligations under an agreement with you. NY Inc cannot ensure that an Attorney will actually complete a transaction or follow through on his or her promises.
In no event shall NY Inc be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website, or use thereof. Nothing contained in the Website or in any written or oral communications from NY Inc or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Website, along with the services provided by employees of the Website, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. NY Inc makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Website is at your sole risk.
UNDER NO CIRCUMSTANCES SHALL NY Inc, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE INFORMATION CONTAINED THEREIN, EVEN IF NY Inc HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL NY Inc HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; INFRINGEMENT OF COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF NY Inc HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of NY Inc and sole remedy available to any user in any case in any way arising out of or relating to the Website shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by such user during the six months prior to notice to NY Inc of the dispute for which the remedy is sought.
You agree to indemnify and hold NY Inc, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
b. any third party claim arising from your use of the Website, including without limitation claims for physical injury; death; food poisoning; disease; lost profits; lost data; loss of goodwill; infringement of copyright, trademark, or other intellectual property right; work stoppage; equipment failure or malfunction; or property damage.
d. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of NY Inc.
Dispute Resolution; Jurisdiction and Choice of Law
If there is any dispute arising out of the Website, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration; No Class Action
Except where prohibited by law, as a condition of using the Website, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of [∙] , or the United States District Court for the District of Delaware. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of [∙], or the United States District Court for the District of Delaware.