I. Privacy Policy

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1. Introduction.

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Welcome to the Yonkers Contracting Company, Inc. Website. This Website Privacy Policy and Terms of Service (the “Privacy Policy”) outlines the privacy practices of Yonkers Contracting Company, Inc. (“YCC,” “we,” “us,” or “our”) with respect to our Website and how we handle your personal information when you visit or use our Website.

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2. Definitions.

 

• “Personal Information” generally means any information that enables us to identify you individually by reference to an identifier such as your name, location data, or online identifier.

• “Cookies” means small text files transferred from a website to your computer containing a unique identification number that identifies your web browser whenever you visit a website.

• “Website” refers to YCC’s website, accessible at https://www.yonkerscontractingco.com/, as well as any of YCC’s related websites, mobiles apps and other related online services.

• “Users” means individuals who visit, access, or use YCC's website.

 

3. Information We Collect.

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YCC’s Website does not collect any Personal Information from Users. We do not request, store, or process any personal data through our Website. YCC’s Website does not collect SMS consents or phone numbers and YCC therefore does not share SMS consents or phone numbers for the purpose of SMS with third parties or affiliates.

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4. Third-Party Services.

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Although YCC’s Website does not collect Personal Information from Users, the Website is hosted or serviced by third-party services providers (“Third-Party Providers”) that may collect Personal Information or other data in accordance with their own privacy policies. Such Personal Information collected by Third-Party Providers may include, but is not limited to, Users’ browsing and ‘click- stream’ activity; session heatmaps and scrolls; and non-identifying Personal Information regarding the User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, and date/time stamps.

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YCC uses Wix.com, a Third-Party Provider, as its website hosting platform. Accordingly, your Users’ use of YCC’s Website is subject to and governed by the Wix.com Privacy Policy (https://www.wix.com/about/privacy).

 

5. Data Security

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YCC is committed to ensuring that your information is secure. YCC’s Website does not collect Personal Information from Users and we take appropriate measures to select Third-Party Providers with appropriate data security policies and practices.

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6. Changes to This Privacy Policy

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YCC may update this Privacy Policy from time to time. Any changes will be posted on the YCC Website.

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7. Contact Us

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If you have any questions or concerns about this Privacy Policy, please contact us at privacy@yonkerscontractingco.com.

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II. Terms of Service

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1. Introduction.

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These Terms of Service (“Terms”) govern your use of YCC’s Website. By visiting, accessing, or using the Website, you agree to comply with and be bound by these Terms. Capitalized terms not defined in these Terms shall have the definitions set forth in the Privacy Policy above.

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2. Use of the Website.

 

• Permitted Use: You may use our Website for lawful purposes only subject to these Terms.

• Prohibited Activities: You may not use or allow others to use the Website:

  • In any manner that violates or otherwise fails to comply with applicable laws or regulations.

  • To attempt to interfere or interfere with the proper functioning of the Website.

  • To attempt to collect or to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent.

  • That misrepresent your identity or affiliation with any person or entity.

  • To upload or transmit viruses or any other malicious code.

  • For the purpose of exploiting, harming, or interfering with the Website or any other user's use of the Website.

  • To transmit, store, link, communicate, publish or upload any content, data, or information that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Website; and/or (d) infringes any intellectual property, privacy or proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct.

  • In a manner that attempts to violate or violates the security of the Website, including without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Website or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Website or services to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or these Terms may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

3. Intellectual Property.

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The content displayed or otherwise made available via the Website (directly or indirectly), including, without limitation, all text, graphics, images, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same (the "Material"), are owned by or licensed to us or our third party partners. In addition, all names, service marks, logos, brands, brand names, trade dress and trade names, and any other distinctive identification are trademarks (the "Trademarks") owned by us in the U.S. and other countries, or licensed to us or our third-party partners.

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You have no rights in or to such Material or Trademarks and you will not use any Material or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the Material or the Trademarks which is not specifically permitted under these Terms. You may not use or display our Trademarks in any manner without our prior written permission. Our Trademarks may not be used in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

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Unless otherwise specifically set forth on the Website or we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, trademark proprietary or other notices on the Material. You acknowledge and agree that the Material is made available for informational purposes only without representation or warranty of any kind. Your reliance upon Material obtained by you on or through the Services is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us.

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YCC respects the intellectual property rights of others. YCC may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Website for those users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide to YCC’s designated copyright representative [Christopher Archer, General Counsel, 969 Midland Avenue, Yonkers, NY 10704, carcher@yonkerscontractingco.com] the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed upon; (c) a description of where the material that you claim is infringing is located on the YCC Website; (d) your address, telephone number, and e-mail address; (e) 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; (f) 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. Please note that this procedure is exclusively for notifying YCC that your copyrighted material has been infringed.

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4. Termination.

YCC may terminate your access to the Website at any time, for any reason, without notice, without liability to YCC and without limit to any rights or remedies available to us. You may terminate the agreement between you and YCC pursuant to these Terms by providing us with written notice of your termination and ceasing to use or access the Website. Termination is your sole right and exclusive remedy if you are not satisfied with the Website. Upon the effective date of any such termination, your right to access and use the Website shall immediately cease.

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5. Privacy.

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The Users’ use of this website is also governed by our Privacy Policy (see above).

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6. Disclaimer of Warranty and Limitation of Liability.

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THE YCC WEBSITE IS PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THESE TERMS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, ANY SERVICES OR PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE YCC WEBSITES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YCC, ITS LICENSORS, CUSTOMERS, CLIENTS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD- PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE YCC WEBSITE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT YCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

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IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE MATERIAL, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

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TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF YCC, ITS LICENSORS, CUSTOMERS, CLIENTS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS TO YOU FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, SHALL IN NO EVENT EXCEED AN AMOUNT EQUAL TO ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY UNDER CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

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7. Indemnification.

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You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of these Terms or YCC’s Privacy Policy, (b) your use of the Website, and/or (c) the use of the Website by any other person using your resources. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

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8. Governing Law.

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These Terms shall be governed by and construed in accordance with the laws of New York State, without regard to its conflict of law provisions. You agree that exclusive jurisdiction and venue of any dispute with YCC or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to these Terms shall reside in the federal and state courts sitting in the State of New York, County of Westchester. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA").

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YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT WHERE PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

 

9. Miscellaneous.

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These Terms may not be modified by anyone except in writing signed by an authorized officer of YCC. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms. You may not assign your rights under the agreement formed by these Terms without our prior written permission and any attempt by you to do so shall be void. If any provision of these Terms is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of the agreement formed by these Terms in order to give effect to its meaning shall survive such termination, including without limitation sections 3, 6, 7, 8, and 9 hereof.