Terms and Conditions of Use
Last updated: July 1, 2025
Acceptance of Terms
Welcome to our website, [nyassessor.org] (the “Site”). By using this Site, you represent that you are an adult of 18 or more years of age, have the legal capacity to enter a contract, and agree to comply with and be bound by the following terms and conditions of use (these “Terms”). Please review these Terms carefully. If you do not agree to these Terms, you are not authorized to use this Site. These Terms govern your access to and use of the Site along with any other services offered by the New York State Assessors Association “NYSAA”, “Association”, “we”, “us”, or “our”) through the Site or otherwise (collectively and together with the site, the “Services”).
By accessing and using the Services, you will comply with and be bound by this Agreement, whether you are visiting the Site ("Visitor") or you are a "Member" (which means that you are a registered member of the Association). The term "User" refers to both Visitors and Members (you, together with the Association, are sometimes referred to as the "Parties"). We reserve the right to change, update, or modify these Terms at any time. Any such changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. If you do not agree to these Terms, you may not use the Site.
Privacy Policy
Your use of, and participation in, the Services offered by the Association is subject to the terms set forth in our privacy policy (the “Privacy Policy”) which is hereby incorporated into these Terms by reference. Our Privacy Policy details how we collect and use your information. Please review our Privacy Policy if you would like to know more about how we collect, use, and share your information.
Definitions
"Content" means any work of authorship or information, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail or other materials.
Your Account
To use certain parts of the Services (and to become a Member), you must create an account ("Account"). To create an Account, you must provide certain registration information, including personally identifiable information. Any Account you have created may be deleted without warning for any reason or no reason.
Account Username and Password. When you sign up to become a Member, you will be asked to choose a user name and password. You are responsible for maintaining the confidentiality of your password and may not share it with others. You may not use the Account or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to or use of your password. You are solely responsible for any and all use of your Account.
Affirmative Acceptance of Terms. Although all Users agree to comply with and be bound by these Terms through use of the Site (as explained above), to create an account, you must accept these Terms and any subsequent modifications.
Term and Termination
These Terms shall remain in full force and effect starting upon your first use of the Site or Services until termination. Your account will be deleted once you are no longer a Member of the Association. If you terminate your membership and Account but continue to use the Services as a Visitor, your use of the Services is still subject to these Terms. Unless the Association has terminated your Account, you can start a new membership by registering and providing new registration information. We may terminate your membership for any or no reason at any time by ceasing to provide the Services to you. You understand that termination of the Account you have created with us may involve deletion of your Account information from our live databases as well as any cached or archived copies of your information. We will not have any liability whatsoever to you for any termination of your Account nor related deletion of your information. Deletion of your Account information, including your Personal Information (as defined in the Privacy Policy) will be performed at a time and manner within the sole discretion of the Association unless otherwise required by applicable law.
Ownership and Use of Services
Your Grant and Use of the Services Generally. We do not claim ownership in any content that you upload, provide, make available or otherwise transfer or upload ("post") on the Services but in order to legally provide our Users with the Services we must have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights as set forth in the section entitled Association Content to the Content that we (and/or our licensors) own and use to provide the Services to you and other Users. By posting any Content to the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid or is required with respect to this grant. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein.
Association Content. The Services contain Content provided by us and our licensors ("Association Content"). We and our licensors (including other Users) own and retain all proprietary rights in the Association Content and we own and retain all property rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, Association hereby grants you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Association Content from the Services solely for your personal, non-commercial use in connection with using the Services. This license does not grant you the right to create any derivative works that use or incorporate Association Content. Nothing in these Terms shall be interpreted to grant any licenses in any Association Content aside from those explicitly granted herein.
Content from Members. Content from other Members, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, (a) we are not responsible for any such Content, including advertising and information about third party products or service, employer and salary-related information provided by other Members and (b) we make no guarantees about the accuracy, currency, suitability or quality of the information in such Content, and (c) we assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful Content made available by other Members, advertisers and third parties.
Responsibility. Your interactions with other Members on the Services or with advertisers, are solely between you and the other User or advertiser. You acknowledge that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members. You are solely responsible for Content you post to the Services and its accuracy. The Association takes no responsibility and assumes no liability for any Content posted to the Services by you or any third party.
Association Member Interaction. You will not use any information obtained from the Services in order to harass, abuse or harm another person or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of communications which a Member may send to other Members and the sharing of any Content in any period to a number and amount which we deem appropriate in our sole discretion.
Acceptable Use and Prohibited Conduct
Prohibited Content. Members will not post any Prohibited Content or use any Prohibited Content in connection with the Services. "Prohibited Content" is Content that:
(i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is pornographic or sexually explicit in nature;
(ii) bullies, harasses or advocates stalking, bullying or harassment of another person;
(iii) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
(iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) promotes, copies, performs or distributes an illegal or unauthorized copy of another party or person's intellectual property, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices or providing pirated music, videos or movies or links to such pirated music, videos, or movies;
(vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner or solicits personal information from anyone under eighteen (18);
(vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses or other harmful code;
(viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
(ix) except as expressly approved by us, involves, promotes or solicits for commercial activities provided by yours or of a third party;
(x) promotes contests, sweepstakes, barters, advertising or pyramid schemes;
(xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or similar software;
(xii) contains information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or
(xiii) otherwise violates the terms of this Agreement or creates liability for us or is otherwise unacceptable within our sole discretion.
Prohibited Conduct
Members will not:
(i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell or create derivative works based on the Services or the Association Content;
(ii) rent, lease, loan or sell access to the Services;
(iii) cover or obscure any banner advertisements on the Services or any Association page via HTML/CSS, scripting or any other means;
(iv) introduce software or automated agents to the Services or access the Service so as to produce multiple accounts, generate automated messages or to strip or mine data from the Services;
(v) interfere with, disrupt or modify any data or functionality of the Services;
(vi) use the Services to solicit the performance of any illegal activity or other activity which infringes, misappropriates or otherwise violates the rights of NYSAA or others;
(vii) use the Services in any manner that could damage, disable, overburden or impair any server or the network(s) connected to any server or interfere with any other party's use and enjoyment of the Site;
(viii) attempt to gain unauthorized access to the Site or any services, other accounts, computer systems or networks connected to any server or to any of the Services, through hacking, password mining or any other means;
(ix) obtain or attempt to obtain any materials or information not intentionally made available to you through the Site;
(x) frame the Site or any portion thereof without the prior written consent of the Association;
(xi) use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology or reverse-engineer or use any similar and/or manual process, to access, acquire, catalog, store, reproduce, distribute or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site;
(xii) take any action to interfere with, or disrupt the Site, circumvent security measures or attempt to exceed the limited authorization and access granted to you under this Agreement;
(xiii) mislead NYSAA or third parties as to the origin of any Content that you or another person posts to the Site;
(xiv) impersonate another Member or person, including any of our employees or use a false identity or use a false e-mail address when creating an Account; or
(xv) remove any copyright, trademark or other intellectual property right notices contained in the Site.
Member Representations
As a Member, you represent and warrant that:
(i) all information you provide to us, through the Site or otherwise, including registration information and license information, is truthful and accurate in all material respects;
(ii) you will maintain the accuracy of such information;
(iii) you are eighteen (18) years of age or older upon registration;
(iv) your use of the Services is not and will not be defamatory, libelous or infringe the intellectual property rights, including but not limited to trademarks, copyrights patents, trade secrets, publicity rights, privacy rights and moral rights, of any third party;
(v) you own or otherwise have the right to post your Content without seeking the permission of a third party, or if such permission is necessary you have obtained it;
(vi) you have the right to grant the licenses set forth in this Agreement;
(vii) your use of the Services does not and will not violate any applicable law, order, privacy policy or regulation or any other obligation (including contractual obligation) you might have towards third parties or imposed upon you by law, contract or otherwise;
(viii) by providing or posting your Content, you do not violate any confidentiality, non-disclosure or contractual obligations you might have towards a third party, including your current or former employer or any potential employer; and
Lawful Use. You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the personal use of Users only as consistent with these Terms, the Privacy Policy and any other agreement we explicitly incorporate into these Terms by reference. Commercial advertisements, affiliate links and other forms of solicitation may be removed from your Content without notice.
Enforcement by NYSAA
NYSAA has the right (but not the obligation), in its sole discretion, to monitor any and all use of the Site to the extent permitted by applicable laws, rules or regulations. Any use of the Services in violation of these Terms, as judged in the sole discretion of NYSAA, may result in, among other consequences, termination or suspension of your rights to use the Services. We may disclose information about your use of the Services in accordance with our Privacy Policy. We have the right (but not the obligation) to review any Content and delete or takedown any Content that in our sole discretion, including but not limited to Content that violates these Terms or which is Prohibited Content or may otherwise violate the rights, harm or threaten the safety of any Member or any other person or create liability for us or any Member or for any other reason. Please be advised that while the Site allows for anonymous posting by Members, NYSAA will be able to identify the Member who made the anonymous post and will attribute any posts in violation of these Terms to that Member. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of this Agreement, including without limitation, removing Content from the Services, terminating your membership and Account, reporting you to law enforcement authorities and taking legal action against you. You are solely responsible for creating backup copies of and replacing any Content you post on the Services at your sole cost and expense.
Third Party Websites
The Services is integrated with or may otherwise interact with third party applications, websites, and services ("Third-Party Websites"). We do not monitor or have any control over and make no claim or representation regarding Third-Party Websites. Unless otherwise explicitly indicated, to the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. This Agreement and the Privacy Policy do not govern any activity outside of the Site. We are not responsible for the content, security, availability, accuracy or practices of the Third-Party Website and expressly disclaim any responsibility for malware, worms, time bombs, bots or any other harmful or deleterious programs or materials in said links or Third-Party Websites. You assume all risk and responsibility if you click on a link on the Sites that leads you away from the Site.
Disclaimer of Warranties
The Association uses commercially reasonable security practices, but it cannot guarantee that its services will be error-free or completely secure. The Association will attempt to provide the Services without interruption but the sites and all information, content, materials, products (including any software) and other services included on or otherwise made available to you through the Services are provided by the Association on an "as is" and "as available" basis unless otherwise specified in writing. The Association does not guarantee that you will be able to access the Services at any time of your choosing.
To the fullest extent permitted by applicable law, the SERVICES ARE provided “As is”. NYSAA and any of its employees, owners, members, managers, partners, spokespersons, affiliates, agents, suppliers, sub-contractors or licensors, including their predecessors, successors and assigns Do not make any warranties of any kind and disclaim all warranties, oral or written, express or implied, as to the information, content, materials, products (including any software) or other services included on or otherwise made available to you through the Site or Services or any warranties arising from course of dealing, course of performance or otherwise including any warranties of merchantability, fitness for a particular purpose, conformity to any representation or description. NYSAA makes no guarantee or warrantY that the Site or Services are completely secure, error-free or that the information or content contained thereon is accurate. NYSAA makes no Guarantees or warranties as to uptime or availability of the Site or the SErvices.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, It is expressly agreed that in no event shall NYSAA be liable for any special, indirect, Direct, incidential, punitive, consequential, or exemplary damages, including but not limited to, reputational harm and any consequential damages therefrom, loss of profits or revenues, interruption of business, loss of use, or consisting of, arising from or relating to loss of information or data whether a claim for any such liability or damages is premised upon breach of contract, breach of warranty, negligence, strict liability or any other theory of liability, even if we have been apprised of the possibility or likelihood of such damages occurring. The Association disclaims any and all liability for erroneous transmissions and loss of service resulting from communication failures by telecommunication service providers or the sites. You expressly agree that your use of the Services is at your sole risk.
Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that our liability to you for any damages arising from or related to your use of the Services (for any cause whatsoever and regardless of the form of the action) will at all times be limited to one hundred U.S. dollars ($100).
Because some jurisdictions do not allow the exclusion or limitation of certain warranties, conditions or categories of damages, certain of the above exclusions or limitations may not apply to you. In such jurisdictions, NYSAA’s warranties, conditions and liability are limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless NYSAA and its affiliates, officers, members, managers, owners, spokespersons, and agents, from and against any claim, cost or liability, including reasonable attorneys' fees, arising out of: (i) your use or misuse of the Services; (ii) any breach by you of any representations, warranties, covenants or agreements contained in this Agreement; (iii) the actions of any person gaining access to the Services under a user identification or account assigned to or created by you; (iv) the actions of anyone using a user identification or account, password or other unique identifier assigned to you that adversely affects the Services or any information accessed through the Services, including but not limited to a security breach; and (v) your negligent or willful misconduct.
DMCA Notice
You acknowledge that, pursuant to the Digital Millennium Copyright Act ("DMCA"), NYSAA may respond in accordance with the requirements of the DMCA to "take-down" notices from third parties that allege that the inclusion in or our Services or on NYSAA systems of information which you provide violates their copyrights. In so doing, NYSAA may elect to remove (or require you to remove) such allegedly infringing information from the Services and/or NYSAA systems. You will cooperate fully with NYSAA to assure compliance with the DMCA upon receipt by NYSAA of any "take-down" notice issued by any third party and in so doing to promptly inform NYSAA whether you object to any such "take-down" notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.
Notice and Procedure for Making Claims of Copyright Infringement
The Association respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Association’s the written information specified below:
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work or works that you claim have been infringed;
(iii) A description of where the material that you claim is infringing is located on the site;
(iv) Your address, telephone number and e-mail address;
(v) 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
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Association's Copyright Agent for notice of claims of copyright infringement on the its Sites can be reached as follows:
New York State Assessors Association
Attn: Copyright Agent
116 Salina Street, Suite 8
Liverpool, New York 13088
Email notifications may be sent to NYSAA through the Contact Us feature of the Site.
Please note that this procedure is exclusively for notifying NYSAA that your copyrighted material has been infringed.
Miscellaneous
Amendments. We reserve the right to update or modify this Agreement or Privacy Policy at any time without any prior notice. If we make material changes to the Agreement or the Privacy Policy, we may, within our sole discretion or as otherwise required by law, notify you by sending an e-mail to your e-mail address, as specified in your Account or by posting a notice and acceptance of such change to the Services when you log in to your Account. Your continued use of the Site constitutes acceptance of any changes to these Terms and the Privacy Policy.
Release. To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arises from (i) the actions, including the Content of any posts, of other Members, (ii) any of your interactions with other Members, or (iii) your participation in any of our offline events.
Governing Law, Arbitration and Waiver of Class Action. These Terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles. For any disputes not subject to the arbitration provisions below, you will to submit to the personal jurisdiction of the state courts located within Onondaga County and the federal courts in the Northern District of New York, and waive any objection or defense based on lack of jurisdiction, improper venue, inconvenient forum or similar objection or defense. To the extent allowed under applicable law, by entering into this Agreement, you and the Association are each waiving the right to trial by jury or to participate in a class action lawsuit. Any claim or dispute in connection with these Terms shall be resolved in a cost-effective manner through binding non-appearance-based arbitration on an individual basis. The arbitration shall be initiated through an established alternative dispute resolution provider selected by the Association The alternative dispute resolution provider and the parties must comply with the following rules: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction; (iv) the arbitrator may award any remedy available under applicable law or at equity; and (v) each Party shall bear its own expenses at arbitration. You hereby affirmatively consent to the dispute resolution and arbitration process described herein and waive all defenses or objections thereto, whether based on personal jurisdiction, forum, venue, service, or otherwise. Any and all personal appearances related to arbitration will take place in Onondaga County, New York unless otherwise mutually agreed by the Parties. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or in response or anticipation to any of your breaches of these Terms in any court of competent jurisdiction.
TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT BY AGREEING AND ACCEPTING THIS TERM, YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST NYSAA.
Entire Agreement. These Terms constitute the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings (written or oral) of the Parties in connection herewith.
Binding on Successors. These Terms shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, administrators, executors, successors and assigns. You may not assign these Terms without the prior written consent of NYSAA.
No Waiver. The failure of any Party at any time or times to require performance of any provision hereunder shall in no way affect the right of such Party at a later lime to enforce the same. The rights and remedies conferred upon the Parties hereto shall be cumulative, and the exercise or waiver or any such right or remedy shall not preclude or inhibit the exercise of any additional rights or remedies. The waiver of any right or remedy hereunder shall not preclude the subsequent exercise of such right or remedy.
No Third-Party Beneficiaries. Nothing in these Terms shall confer any rights, either express or implied, upon any person or entity, other than the Parties hereto and their respective successors, permitted assigns, heirs, executors, personal representatives, administrators, and legal representatives.
Severability. If any provision of these Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability and all other terms hereof shall remain in full force and effect.
Interpretation. The headings of the sections contained in these Terms are solely for convenience or reference and shall not affect the meaning or interpretation of these Terms. In the event an ambiguity or question of intent or interpretation arises, these Terms shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of these Terms.
Notices. Any notice to be given under these Terms shall be given, if to you, to the information provided by you when you registered your Account, and if to NYSAA, through the “Contact Us” feature provided on the Site, or at any other notice address provided by either Party to the other Party in writing.