Terms of Use

Please read the following terms of use ("Terms of Use") carefully before using this website of New York City Housing Development Corporation (“HDC”).  By accessing or using HDC's website, inclusive of these Terms of Use and of all subpages (collectively referred to in these Terms of Use as "NYCHDC.com"), you agree, without limitation or qualification, to these terms.

I. YOUR USE OF NYCHDC.com
You agree to access and use NYCHDC.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of NYCHDC.com. By accessing NYCHDC.com, you agree that you will not: 

A. use NYCHDC.com to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;

B. use NYCHDC.com in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;

C. use NYCHDC.com to impersonate other parties or entities; 

D. use NYCHDC.com to upload any content that contains a software virus, "Trojan Horse" or any other computer codes, files, or programs that may alter, damage, or interrupt the functionality of NYCHDC.com or the hardware or software of any other person who accesses NYCHDC.com; 

E. upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship; 

F. alter, damage, or delete any content posted on NYCHDC.com; 

G. disrupt NYCHDC.com or its servers or networks in any way; or

H. claim a relationship with or represent any business, association, or other organization which you are not authorized to represent or with which you are not authorized to claim such a relationship. 

II. YOUR PASSWORDS AND ACCOUNT SECURITY
A. You agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with any account you use on NYCHDC.com.

B. Accordingly, you agree that you will be fully responsible to HDC for all activities that occur under your account.

C. If you become aware of any unauthorized use of your password or of your account, you agree to notify NYCHDC.com immediately by visiting the Contact Us page.

III. INFORMATION YOU PROVIDE
In order to use certain aspects of NYCHDC.com, you may be required to provide information about yourself. You agree that any information you give to NYCHDC.com will always be accurate, correct and up to date. To learn how NYCHDC.com may use such information please visit the NYCHDC.com Privacy Policy.

IV. INTELLECTUAL PROPERTY
A. Service marks and trademarks contained in or displayed on NYCHDC.com, and the contents of linked sites operated by third parties, are the property of their respective owners (which may be HDC). All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on NYCHDC.com, and their selection and arrangements, are the property of HDC. All rights are reserved.

B. NYCHDC.com respects the intellectual property of others, and it asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement via its display on, or other use by, NYCHDC.com, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing HDC's Copyright Agent with the following information in writing:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

3. 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 HDC to locate the material;

4. information reasonably sufficient to permit HDC to contact you, such as an address, telephone number, and, if available, an email address;

5. a statement that you (and, if applicable, the person or entity on whose behalf you are acting) 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

6. 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 owner of an exclusive right that is allegedly infringed. 

C. HDC’s designated Copyright Agent under the DMCA can be reached as follows:

Copyright Agent
Legal Department
New York City Housing Development Corporation
110 William Street
New York, NY 10038

By email: copyrightagent@nychdc.com

By fax: (212) 227-6886   

D. You acknowledge that if you fail to comply with all of the above notice requirements, your DMCA notice may not be valid.

E. Please note that only DMCA notices should be directed to the Copyright Agent. To send any other comments or questions about NYCHDC.com, or to request permission to use HDC’s intellectual property located on NYCHDC.com, please see the Contact Us page.

V. LINKS TO SITES OF OTHER ENTITIES
NYCHDC.com may contain links to other sites on the Internet that are operated by parties other than HDC. The posting of such links by NYCHDC.com does not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein. Like NYCHDC.com, all other websites operate under the auspices and at the direction of their respective owners who should be contacted directly with questions regarding the content of those sites.

VI. DISCLAIMERS
A. NYCHDC.COM AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON NYCHDC.COM (WHETHER BY NYCHDC.COM OR A THIRD PARTY), INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON NYCHDC.COM.

B. HDC IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, NYCHDC.COM AND/OR THE MATERIALS CONTAINED ON NYCHDC.COM, WHETHER THE MATERIALS CONTAINED ON NYCHDC.COM ARE PROVIDED BY HDC OR A THIRD PARTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NYCHDC.COM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

C. CHANGES ARE MADE PERIODICALLY TO MANY LAWS, RULES, FORMS AND SCHEDULES, AND THESE CHANGES MAY OR MAY NOT BE IMMEDIATELY REFLECTED IN THE MATERIALS OR INFORMATION PRESENT ON NYCHDC.COM.

VII. MISCELLANEOUS TERMS
A. Nothing contained in or displayed on NYCHDC.com or in these Terms of Use constitutes or is intended to constitute legal advice by HDC or any of its related entities, officers, employees, agents, attorneys, or representatives.

B. You agree that if HDC does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which HDC otherwise has under applicable law), such omission will not be taken to be a formal waiver of HDC's rights and shall not be construed to be a modification of these Terms of Use.

C. If any court of competent jurisdiction rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

D. These Terms of Use, and your relationship with HDC in connection with NYCHDC.com, shall be governed by and construed in accordance with the Laws of the State of New York (notwithstanding New York choice-of-law rules). You agree that any and all claims asserted by or against HDC arising under or related to these Terms of Use shall be heard and determined exclusively in the courts of the United States located in the City and County of New York or in the courts of the State of New York located in the City and County of New York.

E. HDC reserves the right to revise and otherwise change these Terms of Use at any time and without notice. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of NYCHDC.com following the posting of any modification signifies your acceptance thereof. You should periodically visit this page to review the current Terms of Use.

F. These Terms of Use and the NYCHDC.com Privacy Policy constitute the entire agreement between you and HDC with respect to your use of NYCHDC.com, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HDC with respect to NYCHDC.com. These Terms of Use shall be deemed to include all other notices, policies, disclaimers and other terms contained in NYCHDC.com (inclusive of its subpages); provided, however, that in the event of a conflict between such other terms and these Terms of Use, these Terms of Use shall control.