Terms and Conditions

1. Acceptance of Terms. Your access to and use of this web site (the "Site") is subject to your compliance with the Site"s terms and conditions (the "Terms and Conditions") and all applicable international, federal, state and local laws, rules and regulations, including without limitation, the rules and regulations governing the unit owners and tenants in any Building (as defined below). By accessing this Site and utilizing any of the products, services or resources made available or disseminated through this Site (collectively the "Services"), you accept, without limitation or qualification, the Terms and Conditions set forth herein. The Terms and Conditions may be revised at any time without notice to you. Your continued use of this Site is contingent upon your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time by visiting this Web page.

2. Description of Services. This Site is intended to provide residents of certain buildings (each a "Building") with information regarding certain services and resources that may be available to such residents in the Building and the surrounding community in which the resident lives. MYBUILDING INC is not affiliated with, an agent, employee or servant of the Building and/or the Building Organization and neither the Building nor the Building Organziation authorizes or endorses the Site or use thereof by its residents. From time to time this Site may contain: (1) announcements concerning the Building, the Building Organization and the Site; (2) Building marketplace advertisements and information regarding services and service providers; (3) spa information; (4) neighborhood listings, offers, discounts and promotions; (5) message postings and chats, (6) surveys; (7) online profile management; (8) neighborhood events (9) discussion boards (10) information regarding other residents and the community. For the purposes of these Terms and Conditions, "Building Organization" shall mean the Board of Managers of and their affiliates and each of their respective managing agents, board of managers, officers, directors, shareholders, members, employees, agents, or servants and each of their respective successors, heirs and assigns. You agree to indemnify, defend and hold MYBUILDING INC, the Building and the Building Organization harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable attorneys" fees and court costs) arising in connection with (i) your breach of the Terms and Conditions; (ii) Postings provided by you, including use of services endorsed, recommended or otherwise disclosed by you on the Site; (iii) your acts and omissions in providing, offering or soliciting services to be performed by you or any person on your behalf.

3. Access to and Use of the Site. In accessing and using this Site, you acknowledge the following: a) you may be asked to provide information about yourself that may be personally identifiable in nature; (b) you may send and receive message to and from other members of the Site, including without limitation, the Building's staff and other users; (c) you may be contacted by the Building"s staff and users and may receive solicited or unsolicited information; (c) users may be identified by their name, and address in the Building; (d) users may be able to view certain information about other users, including names and addresses, and information relating to the user"s Building and services that may be offered; (e) users may be asked to complete surveys and, in so doing, may provide personal information to MYBUILDING INC about themselves and their experiences in the Building. It is important to note that the Site is intended to serve as another method of obtaining information about the Building, services offered and other residents of the Building, but is not intended to replace traditional channels of communication. Most of the information and resources presented on the Site may also be available in traditional formats and through other channels. You agree to conduct your own independent investigation of the validity of any offers, discounts, promotions and services and to not rely on any statements, representations or information pertaining to the Building, the Building Organization, the Postings or Services furnished.

4. Use of Information on this Site. MYBUILDING INC authorizes you to copy any portion of this Site that is not the property of third parties, provided that such use shall be for non-commercial use only by you. In consideration of this authorization, you agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of MYBUILDING INC is expressly prohibited.

5. Postings. MYBUILDING INC is under no obligation to review any postings, chats, messages, discussions, advertisements, offers, services, discounts, promotions, content or other information posted or listed on the Site ("Postings") and neither the Building, the Building Organization nor MYBUILDING INC assumes any responsibility or liability relating to any such Postings even if advised or made aware of the contents of such Postings. MYBUILDING INC may from time to time monitor the Postings on the Site, but shall not be liable for any action or inaction taken in connection with the monitoring of such Postings. MYBUILDING INC may accept, decline and/or remove any Postings at its option exercised in its sole discretion, but in no event shall MYBUILDING INC have any obligation to do so nor liability or responsibility for taking such actions. Without limiting MYBUILDING INC'S rights hereunder, MYBUILDING INC shall have the right to remove any Posting at any time if requested by the Building or the Building Organization or if such Posting contains any false statements or unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

6. MYBUILDING INC Privacy Policy. Personally identifiable information posted to this Site is subject to the Terms and Conditions set forth herein. Certain information provided by you at the time of registration and other information not intended to be posted will be subject to our Privacy Policy set forth below, which may also be found by clicking on the "Privacy Policy" link on the footer of some pages.

7. User Conduct; Indemnification. In consideration of MYBUILDING INC granting you the right to access and use the Site, you agree that the information you provide shall not:(a) be fraudulent or contain false statements; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, rule or regulation (including rules and regulations of the Building); (d) be defamatory, libelous, unlawful, threatening or harassing; (e) be obscene or contain, pornography, child pornography, or photographs of unclothed person(s); (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) interfere with or disrupt the Site or servers or networks to which the Site is connected, or disobey any requirements, procedures, policies or regulations of networks to which the Site is connected (h) create liability for MYBUILDING INC, the Building, the Building Organization or any other user; or (i) link directly or indirectly to any materials to which you do not have a right to link to or include.

8. Links. Links contained in this Site are intended for informational purposes only. Please note that when you click on one of these links, you are being redirected to another Web site. We encourage you to read the privacy statements of these third party web sites as the privacy policies on these third party sites may differ from the policies of this Site. We are not responsible for the privacy practices or the content of such thirty party web sites. MYBUILDING INC has no control over such web sites, makes no representations about such web sites, does not endorse such web sites, the information or opinions expressed thereon, and assumes no responsibility or liability for any content, materials or other information furnished by or made available on such web sites.

9. No Resale of Services. You will not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services.

10. Modifications to Services. MYBUILDING INC reserves the right to modify, suspend or discontinue all or a portion of the Site or Services offered in connection with the Site, with or without notice. You agree that MYBUILDING INC shall not be liable to you for any modification, suspension or discontinuance of the Services.

11. Termination of Services. MYBUILDING INC reserves the right to terminate your use of the Services or your access to the Site, for any reason or no reason. Any termination may be without prior notice and you agree that MYBUILDING INC, the Building and the Building Organization shall not be liable to you for such termination.

12. Disclaimer of Warranties. This site is provided on an "as is" basis and MYBUILDING INC expressly disclaims any and all representations and warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement. The information provided in any Postings and descriptions of services published on the Site may include inaccuracies or typographical errors, and MYBUILDING INC and the Building Organization hereby expressly disclaim any and all liability for such inaccuracies or errors, including without limitation, information regarding pricing, references and reputation, character, recommendations, advertisements, offers, discounts, referrals, or services. The information posted on the Site and in emails generated from the Site is given as of the date thereof and MYBUILDING INC assumes no obligation to update or supplement this information to reflect any facts or circumstances which may thereafter come to its attention or any changes in laws which may hereafter occur. MYBUILDING INC makes no warranty that (i) the Site or the Services will meet your requirements, (ii) the Site or the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate or reliable, (iv) the quality of the information or materials obtained by you through the Site, the Postings or the Services will meet your expectations, or (v) any errors in the Site will be corrected. Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own risk, and you will be solely responsible for any damage borne by you or your computer system or loss of data that results from the download or receipt of any such material. All information and Postings regarding the Services, its vendors or other third parties contained on the Site are provided without representation or warranty and do not represent the opinion of MYBUILDING INC or the Building Organization nor does such information or Postings constitute an endorsement or recommendation by MYBUILDING INC or the Building Organziation. Residents are encouraged to use their own judgment when deciding if to utilize any Services or other information obtain through this Site. You hereby agree to release and forever discharge MYBUILDING INC and the Building Organization from and against any and all losses, damages, injury to person or property, costs and expenses that arise in connection with or that are related to the use of the Services, products or other information posted on this Site. No advice or information, whether oral or written, obtained by you from MYBUILDING INC, the Site or the Services shall create any warranty, whether express or implied.

13. LIMITATION OF LIABILITY. YOU AGREE THAT MYBUILDING INC IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DOG WALKING AND BABY SITTING SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS MADE DIRECTLY AGAINST THE RELEVANT SERVICE PROVIDER(S). TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYBUILDING INC HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL AND INDIRECT DAMAGES ARISING IN CONNECTION WITH THE INFORMATION, GOODS OR SERVICES OFFERED OR PROVIDED BY ANY THIRD PARTY, CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY THAT MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR ANY OTHER DAMAGES WHATSOEVER AND YOU HEREBY EXONERATE MYBUILDING INC, THE BUILDING AND BUILDING ORGANIZATION FROM ANY LIABILITY OR RESPONSIBILITY WITH RESPECT TO THE SAME.

14. Governing Law. Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New York law without giving effect to any rules of conflicts of law, and shall be subject to the exclusive jurisdiction of the courts of the county of New York, New York, USA.

15. Severability. If any provision of the Terms and Conditions set forth hereunder, or the application of any provision to any person or circumstance, shall for any reason or to any extent be invalid or unenforceable, the remainder of the Terms and Conditions and the application of that provision to other persons or circumstances shall not be affected, but shall be enforced to the full extent permitted by law.

16. Contact Information. Any questions regarding these Terms and Conditions should be directed to: list@mybuilding.org.

17. General Information. The Terms and Conditions constitute the entire agreement between you and MYBUILDING INC and govern your use of the Site and the Services. The failure of MYBUILDING INC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or MYBUILDING INC to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.

1. MYBUILDING INC Privacy Policy. The MYBUILDING INC Companies, L.P. ("MYBUILDING INC") has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information-gathering and dissemination practices for our Web sites.

2. IP Address. We use your Internet protocol (IP) address to help diagnose problems with our server, as well as to administer our Web site. Your IP address is used to help identify you and to gather broad demographic information. We may use your IP address to help protect ourselves and our partners from fraud. For system administration purposes, we also log IP server addresses and catalog traffic patterns through our site and our members' sites. However, we do not link this information to users' personal information.

3. Cookies . A cookie is a small file put on your computer to identify you when you log in to the site. It is a simple text file, and contains no sensitive information. We use cookies to verify that you are who you are while you are on the site so we can make sure your experience at the Web site is correct and secure. The cookie is removed when you either log out or close your browser.

4. Collection and Use of Personal and Demographic Information. At the Resident Web service, we may display or use personal information in a password protected environment for the purpose of aiding the resident in viewing information, contacting a member of our staff or performing a transaction. The information we display or collect at the Web site may include name, building name, reference number or logo, apartment number, user name (which is changed by the resident at first visit and controlled by the user thereafter), password (collect only, not display), phone number (for requests for contact only) and email address. We allow the user to enter email addresses for occupants residing in their apartment who wish to forward site-based messages to their private email address. Users must pro-actively opt in to this mailing and, once opted in, may opt-out of receiving future mailings. We collect personal information when users opt to fill out an e-mail submission form in order to request information or contact someone at the building or at MYBUILDING INC. The e-mail submission forms require users to provide us with contact information (such as their name and e-mail address), and in some cases ask for other optional information (such as phone number and contact preferences). We use the contact information from these forms to send the user information about our company and the building they reside in, as well as to contact the user when necessary. We may also collect demographic and profile data at our site. This data will primarily be used to provide users with requested information. It may also be used to compile usage statistics and other data regarding the use of the Web site services. We will not share your personally identifiable information with third parties. We may, however, share with partners aggregated statistical data that includes users' demographic information but does not identify them. It is also our policy not to give out user names and passwords over the phone. We will either email them to you at the email address that we have on file for you, or we will leave the information in a sealed envelope at the Concierge desk. You"ll need to sign for this envelope to ensure receipt.

5. Severability. If any provision of the Terms and Conditions set forth hereunder, or the application of any provision to any person or circumstance, shall for any reason or to any extent be invalid or unenforceable, the remainder of the Terms and Conditions and the application of that provision to other persons or circumstances shall not be affected, but shall be enforced to the full extent permitted by law.

6. Amendments. MYBUILDING INC may amend this policy from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent announcement

7. Contacting the Web site.If you have any questions about this privacy statement, the practices of any of our Web sites or the information you have submitted to our Web sites, you can contact us at admin@mybuilding.org.

1. Why is the system asking me if I will accept a Cookie? What does this mean?
A cookie is a small file put on your computer to identify you when you log in to the site. It is a simple text file, and contains no sensitive information. We use cookies to verify that you are who you are while you are on the site so we can make sure your experience at the Web site is correct and secure. The cookie is removed when you either log out or close your browser.

2. I logged in but every time I click to another page, the Web site sends me back to the login page. Why can"t I get past this page? The problem is most likely with your cookie settings. If cookies are turned off, you will not be able to use the site as you will repeatedly be sent back to the login screen. Please check your cookie settings and make sure it is set to accept cookies. If you have installed a Pop-up Blocker, please check the cookie setting in that application.

3. Every once in a while, I get sent back to the login page to log in again. Why does this happen? The Web site is programmed to automatically log you out of your session if no activity is performed at the site within x minutes. We do this for your security. This is to ensure that If you leave your computer and other people have access to your work area, they cannot access the Web site. The Web site will also log you out when you close your browser.

4. Why won't you send me my user name and password if I forget them?
If you forget your password, we can identify you and send your password to the email address we have on file for you. This ensures that the owner of the email box associated with the user name you have entered will receive the password. If you can't identify for us who you are, we have no way of verifying that we're sending the password to the correct person.