Terms & Conditions

REALITYCHECKNY.COM INTERNET SITE TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. By using the pages in this site, you agree to these terms and conditions. If you do not agree, you should not use this site.

TRADEMARKS AND COPYRIGHTS
realitycheckny.com and the Reality Check logo are trademarks of the New York State Department of Health. Unauthorized use these names or logos are prohibited by law. All other trademarks are the property of the respective trademark owners. All designs and webpages on www.realitycheckny.com are © New York State Department of Health 2002. All rights reserved.

RESTRICTIONS ON USE
Material from realitycheckny.com and any other world wide web site owned, operated, licensed, or controlled by the New York State Department of Health may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of the New York State Department of Health EXCEPT in the following circumstance: You may download one copy of the material on one computer for your personal, non-commercial home or educational use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates the New York State Department of Health's intellectual property rights. The material in this site is provided for lawful informational purposes only. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by the New York State Department of Health. The New York State Department of Health does not transfer title to the Software to you. You own the medium on which the Software is recorded, but the New York State Department of Health retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

RESTRICTION OF LIABILITY
The New York State Department of Health will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or on line failure. The New York State Department of Health will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site even if there is negligence by the New York State Department of Health or an authorized New York State Department of Health representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. The New York State Department of Health's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not exceed the amount you paid to access this site.

SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to the New York State Department of Health through this site (together, the "Submission") will forever be the property of the New York State Department of Health. Under no circumstances will the New York State Department of Health be required to treat any Submission as confidential (subject to the realitycheckny.com Privacy Policy), and will not be liable for any ideas for its business (including without limitation, product ideas) and will not incur any liability as a result of any similarities that may appear in future New York State Department of Health operations. Without limitation, the New York State Department of Health will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. The New York State Department of Health will be entitled to use the Submission for any purpose whatsoever (consistent with the realitycheckny.com Privacy Policy), without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not the New York State Department of Health have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

JURISDICTION
All materials in the New York State Department of Health site are made available only to residents of the United States of America and the New York State Department of Health makes no representation that these materials are appropriate or available for use in other locations. You are responsible for compliance with applicable local laws. Some software from this site maybe subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

LINKS
This site may be linked to other sites, which are not maintained by New York State Department of Health. The New York State Department of Health has not reviewed all of the sites linked to this website and is not responsible for any off-site pages or any other sites linked to this website. The inclusion of any link to such site does not imply endorsement by the New York State Department of Health of the sites. Your linking to any other off-site pages or other sites is at your own risk.

DISCLAIMER
The material in this site could include technical inaccuracies or typographical errors. The New York State Department of Health may make changes or improvements at anytime.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NEW YORK STATE DEPARTMENT OF HEALTH DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NEW YORK STATE DEPARTMENT OF HEALTH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NEW YORK STATE DEPARTMENT OF HEALTH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE NEW YORK STATE DEPARTMENT OF HEALTH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

TERMINATION
The New York State Department of Health or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all New York State Department of Health sites, and (b) all related documentation and all copies, printouts, and installations (together, the "Materials"). The New York State Department of Health may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement.

MISCELLANEOUS
These Terms and Conditions will be governed and be interpreted pursuant to the laws of New York State, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. The New York State Department of Health can revise these Terms and Conditions at any time by updating this posting.