Terms & Conditions

Server Abuse

The NYorder.com does not allow bots, spyders, or any other type of sniffing/hacking programs to be run on our servers. Such activity will be deemed as server abuse and will result in immediate account termination. Attacks against our servers and computer systems is strictly prohibited. This includes and is not limited to: port scanning, IP spoofing, SYN flood attacks, security hole scanning, etc.

We supply our customers with resources to resell our products. These resources are for download and viewing only. WE DO NOT ALLOW LINKING TO OUR RESOURCES. Unauthorized linking to our website and servers without the expressed written concent of The NYorder.com will be deemed as server abuse. This includes and is not limited to linking to: html pages, images, media, files, and any other part of our website.

The NYorder.com will act strongly against server abuse. Possible actions against server abuse may include and are not limited to warnings, account suspension or termination, and civil or criminal legal action, depending on the seriousness of the abuse and or attack.


Acceptance of terms of use

These Terms and other applicable conditions and notices contained herein govern your use of the NYorder.com service and website. These Terms of Use are an ongoing contract between you and NYorder.com and apply to your use of the NYorder.com service and website. These Terms of Use affect your rights and you should read them carefully.


Fees and cancellations

You agree to our additional Fees and Cancellations policy.


Pricing

We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Members should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing.


Limitations of Liability

NYorder.com ís entire liability and your exclusive remedy with respect to use of the NYorder.com web site and any components of the NYorder.com web site, as well as NYorder.com, Inc.ís liability to you for breach of the General Terms of Service are limited solely to the amounts you have paid to NYorder.com for the use of the web site and for refund or replacement of any product returned by you. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, NYorder.comís liability is limited to the extent permitted by law.

In no event shall NYorder.com, its parent companies, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its contractors or their respective agents or employees be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorneysí fees or any direct, indirect, special punitive, incidental, exemplary or consequential damages, (or any kind of damages whatsoever). This applies even if NYorder.com has been advised of the possibility of such damages; whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery; arising out of or in connection with the use, inability to use, or performance of the information, merchandise, and materials available from The NYorder.com web site, or any part thereof, or your reliance on or use of information, services or merchandise provided on or through The NYorder.com web site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event NYorder.com is found liable under any circumstance under the terms of this agreement, NYorder.com ís liability shall be limited to the replacement or refund for any product or service purchased from us and the replacement or refund for product will be made after the return of the product to NYorder.com.


Electronic communications

By using the NYorder.com service, you consent to receiving electronic, phone, and mail communications from the NYorder.com These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with NYorder.com and you are entitled to receive them as part of the NYorder.com subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


Copyright

All content included on the NYorder.com website and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of NYorder.com or its members and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the NYorder.com and protected by U.S. and international copyright laws. Content should not be reproduced or used without express written permission from the NYorder.com, or its suppliers. The NYorder.com reserves the right to terminate your membership hereunder if the NYorder.com in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the copying or other unauthorized use of our proprietary content.


Account access & identity protection.

In order to provide you with ease of access to your account, NYorder.com will place a cookie (a small text file) on any computer from which you access the NYorder.com website. When you revisit the NYorder.com website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the NYorder.com website. If you find that you're a victim of identity theft and it involves a NYorder.com account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. The NYorder.com reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. NYorder.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of the NYorder.com or by the automated processes of the NYorder.com.


Payment obligations

The member understands that a valid form of payment must accompany all orders.


Shipping and handling

NYorder.com reserves the right to restrict shipments to within the Continental U.S., Alaska , and Hawaii . All orders must be placed with a residential ship-to address. Orders with P.O. Box, APO , or FPO shipping addresses will not be processed. Any orders with shipping addresses outside the Continental U.S., Alaska , and Hawaii will not be processed.


Order changes

Generally, the members should assume that once an order is placed, it cannot be changed in any way. However, if the Member contacts the NYorder.com customer service department as soon as possible with a change request, it may be occasionally possible to amend the order.


Legal recourse

Your and NYorder.com agree that the laws of the State of Texas and Dallas County shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and NYorder.com relating in any way to the NYorder.com service or website or these Terms. You and the NYorder.com expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney's fees and court costs.


Confidentiality

Reseller understands that all information provided by the NYorder.com is confidential and proprietary to NYorder.com and must be used by reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from NYorder.com to any business entity that may compete with the NYorder.com. Any violation of confidentiality is grounds for immediate termination.


Website information

While www.NYorder.com (hereafter the "Website") and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Member is responsible for reading and understanding all information contained on the Website. NYorder.com is not responsible for any inconvenience, loss of profit, or other complication that the Member, his or her business, or his or her customers may experience as a result of the Member's failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Member to contact and question the NYorder.com customer service representatives regarding any portion of the Website that they have read but do not understand.