TERMS & CONDITIONS

The use of this Website (to include all content therein) shall be subject to the following terms and conditions. By accessing this Website, the User agrees to said terms and conditions. BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.

1. Registration and Contact Forms.
a. Consent to Contact. BY REGISTERING TO RECEIVE OUR NEWSLETTER OR CONTACTING US, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS, ELECTRONIC NEWSLETTERS AND/OR TELEPHONE CALLS FROM NEIL FORESTO. Your information will be saved solely for the purpose of contacting you as described above and you may ask to have your personal contact information deleted at any time. We will never sell or share your personal information with anyone without your permission.
b. Minimum Age. You must be eighteen (18) years of age or older to register for an Account.

2. Content
a. Content Protected by Intellectual Property Rights. Any content available through the Site, including applications, software, text, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Neil Foresto or its licensors. All right, title and interest in and to the Site and any Content will remain the exclusive property of Neil Foresto and its licensors.

3. User Restrictions
a. Prohibited Conduct on the Site. You must not do, or attempt to do, any of the following, as reasonably determined by Neil Foresto, subject to applicable law:

access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
use any Content in violation of the rules of the City of New York, the New York State Department of State, the New York State Department of Banking, or any other federal, state or local law or regulation;
access, tamper with, or use services or areas of the Site that you are not authorized to access;
alter information on or obtained from the Site;
tamper with postings, registration information, profiles, submissions or Content belonging to Neil Foresto or other users of neilforesto.com;
use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Neil Foresto;
impersonate or misrepresent your affiliation with any person or entity;
reverse engineer any licensed software, application, games or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Site or any recipient; or
take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
Personal Use Only. The Site is for personal use only. You may not reproduce, copy, sell or otherwise exploit the Site or any part thereof, or access or use the Site for any commercial purposes.

4. Protection of Content

a. Reservation of Rights. On its own behalf and the behalf of its licensors, Neil Foresto. reserves all rights in the Content, including any software, not expressly granted in this Section. Neil Foresto. does not in any way grant any other rights to you. Except as expressly stated in this Section, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Neil Foresto or other third-party owner of the rights in that Content (if any).

5. Links to Third Party Sites.

Our Site may contain links to third party web sites. The linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the linked site or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to such third party sites.

6. Warranty and Indemnification.

a. No Warranty. ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PURPOSES ONLY AND ARE PROVIDED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limiting the generality of the forgoing, Neil Foresto, its affiliates, officers, directors, employees, agents, contractors, content or service providers, investors, successors and assigns specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tort, negligence or any other cause of action.

b. Use At Your Own Risk. Any listing on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. The information contained on the Site is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case.

c. Indemnification. By choosing to use the Site, you agree to indemnify, defend and hold harmless Neil Foresto from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the Site; (2) your use of or connection to the Site; (3) your violation of these Terms; or (4) your violation of any rights of another.

d. Limitation of Liability. To the extent permitted by applicable law, no member of Neil Foresto shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of the Site or any information contained in it, or your inability to gain access to or use the Site, or any breach of any warranty, even if Neil Foresto has been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.

7. Amendments.

a. Changes to Terms. At any time and for any reason, Neil Foresto., may change or update these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms, without notice to you. Any change or update made by us will be prospective only. You can always find the most recent version of the Terms here. In case of inconsistencies between these Terms and any materials provided off-line, these Terms will always control.

b. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Neil Foresto at all times. In addition, we encourage you to check back regularly to review these Terms.

c. Changes to Service. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal.

8. Miscellaneous.

a. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

b. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.

c. Third Party Rights. These Terms are for the sole benefit of Neil Foresto, our officers, directors, employees, affiliates and agents. No other person, including any user of the Site, shall have the right to assert a claim under these Terms.

d. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.

e. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Neil Foresto. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Neil Foresto will be null and void. Neil Foresto. has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.

f. Export Limitations. This Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms.

g. Jurisdiction; Choice of Law; Waiver of Jury Trial. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You and Neil Foresto submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the City of New York. The parties hereto waive any right to request a trial by jury.

h. Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

i. Entire Agreement. These Terms comprise the entire agreement between you and Neil Foresto. with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.

j. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.

9. Additional or Required Notices.

a. Notice Regarding Trademarks. The Site includes certain trademarks and service marks owned by Neil Foresto., its affiliates and others. You agree not to use these trademarks or service marks in any manner without the express written permission of the owner. You further agree that you will not alter or remove any copyright, trademark or other legal notice from any Content.

b. Notice Regarding Copyrights. Neil Foresto respects the intellectual property rights of others and requests that users of the Site do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us at Neil Foresto, 1501 Broadway, Ste 2600, New York, NY 10036, Attn: Neil Foresto. Please provide the following information:

the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
identification of the copyrighted work that you claim has been infringed;
identification of the material that is claimed to be infringing and information reasonably sufficient to permit Neil Foresto to locate the material (for example, by providing a URL to the material);
your name, address, telephone number and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is our policy to terminate in appropriate circumstances any Account or user for infringement of intellectual property rights, including copyrights. Neil Foresto may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.

c. Notice of Availability of Filtering Software. Minors are not authorized to visit our Site. We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

d. No Harvesting or Dictionary Attacks Allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.

10. This site has implemented reCAPTCHA v3 and use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use. reCAPTCHA will only be used to fight spam and abuse.