Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. These Terms of Use (this “Agreement”) govern your (“your” or “you”) use of and access to this website (the “Site”), which is owned by The Rector, Church-Wardens, and Vestrymen of Trinity Church, in the city of New York d/b/a Trinity Church Wall Street (“Trinity”, “we”, “us” or “our”), which owns the building situated at 107 Greenwich Street (76 Trinity Place), New York, NY 10006 (the “Building”). The Site, which has been created and is maintained as a marketing and informational tool for current and prospective commercial tenants of the Building, is operated, on behalf of Trinity, by Newman Moran LLC doing business as CO OP, a public relations and marketing firm. The leasing broker for the Building is Jones Lang LaSalle Brokerage, Inc.

Agreement to the Terms of Use. Your use of the Site constitutes your agreement to the terms of this Agreement (including, without limitation, the terms of our Privacy Policy, as well as to all applicable laws. If you are representing a company, corporation or other organization, by using this Site you represent that you are authorized by your employer to use the Site and to bind your employer to this Agreement. We offer access to and the use of the Site only to those persons who so agree. If you do not so agree, you may not use the Site.

Modification of the Agreement. We reserve the right, in our sole discretion and for any or no reason, to modify this Agreement from time to time by posting a revised version, together with the date of such posting at the end of the document. All such changes will be effective immediately upon posting, and each time you use the Site, you agree anew to the terms of this Agreement. Therefore, please review this Agreement regularly. If at any time all of the terms of this Agreement are not acceptable to you, please do not use the Site.

Eligibility

The Site is intended for use by persons 13 years of age and older, residing worldwide. Use of the Site is void where prohibited.

Registration

There is no registration or fee required to use the Site.

Submission of Information

In various places throughout the Site, you may be encouraged to contact us for further information in connection with the Services. Our leasing broker will use your contact information solely to respond to your request for further information. It will not be used for any other purpose, except as specified in our Privacy Policy.

Services

We offer various services through the Site, including access to office/retail leasing and property listing databases and related search engines (collectively, the “Services”). Your use of the Services is subject at all times to the terms of this Agreement.

Permitted Uses of the Site; Ownership; License

All words, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features (if any) and other material used on or incorporated into the Site (collectively, the “Content”), and the arrangement or integration of all such Content, is the protected property of Trinity, is licensed to Trinity by third parties, or is used pursuant to applicable copyright or other law. Please assume that all material on or accessible through the Site is protected by copyright, trademark or other intellectual property law, and do not use Content except as expressly permitted in this Agreement or by separate agreement with the Content owner.

The Site may only be used for informational, educational and reference purposes. Trinity owns all right, title and interest (including worldwide copyright) in and to the Site. We grant you a limited license to access the Sites and to copy Content for your own personal, noncommercial use. You agree to comply with any copyright or trademark notices and other restrictions contained in any Content available on or accessed through the Sites. Other than as expressly set forth in this Agreement or without our prior written approval, you may not, directly or indirectly:

violate any applicable law; or
infringe another party’s proprietary or intellectual property rights (including those of Trinity and its affiliates), including by copying, downloading, modifying, publishing, transmitting, transferring, selling, reproducing, creating derivative works from, distributing, performing, displaying, or in any way exploiting any of the Content, in whole or in part; or
use any of the trademarks, trade names or logos that appear on the Site; or
publish, re-transmit, distribute, perform, or cache material obtained through the Site, including, without limitation, the Content, for any commercial purpose, including offering any brokerage or leasing services; selling any other goods or services; advertising any other goods or services; conducting surveys, contests or opinion polls; or
delete or alter any Content; or
disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or any of its associated software, hardware or servers in any way by, among other things, the use of computer viruses, malicious code, or corrupted files; or
use automated means, such as scrapers, bots or spiders, to collect Content; or
impede or interfere with others’ use of the Site.

Without Trinity’s written consent, you may not: (a) frame this Site within any other website or web page, or link to the Site from another website; or (b) embed in any other website or web page any metatags, key words or hypertext links, or purchase any “Adwords” or similar marketing tools, which refer to Trinity, its affiliates, products or services, or include Trinity’s trademarks, service marks or trade names.

Trinity may, in its sole discretion, change, delete, remove or suspend any portion of the Site, or the entire Site, without notice to you and without any liability whatever.

In the event we learn or reasonably suspect that you, or others under your control or direction, have breached any of this Agreement, we may, without prior notice, block, suspend, terminate or withhold your access to the Site as we deem appropriate in our sole discretion to protect Trinity and its business partners, affiliates and other users of this Site.

Third Party Content and Websites; Products and Services; No Endorsement

Trinity respects the intellectual property of others, and we ask that you do the same. The Site may contain references and links to websites that are owned and operated by third parties. We have no control over, do not endorse and do not make any representations or warranties with respect to any third-party sites you may learn about or access via the Site or to any content you may find or access there. Material available on or through third-party sites may be protected by copyright and other intellectual property laws of the United States and other countries. The terms of use of those websites, and not the terms of use set forth in this Agreement, govern your use of that material.

If we incorporate information from third-party sources into the Site, we will make all reasonable efforts to follow fair use conventions, including giving credit to the source of the information and providing links, when available, to the third-party source from which the information was gathered.

The Site may provide links to, and may feature, mention, describe or advertise, certain products and services that may be of interest to you. However, unless we expressly state otherwise, we do not recommend, certify or endorse these or any other products or services in any way, and we are not responsible for the contents of, or any products or services offered on, any third-party site. If you have questions about any product or service you learn about on our Site, please go to the source – namely, the vendor or manufacturer – for additional information.

Privacy

Your use of our Sites is subject to our Privacy Policy. By using the Sites, you agree that you have read our Privacy Policy, that it is reasonable and acceptable to you, and that you agree to its terms.

Trinity reserves the right to report any wrongdoing or illegal acts on your part, of which we become aware, to applicable government and law enforcement agencies or otherwise, and to respond to lawful subpoenas and other requests from government agencies or law enforcement bodies seeking personal information of our Site users.

Contact List

We create contact lists of Site users who have provided their contact information to us and requested to be added to one or more of our mailing lists. If you receive email from us, you will have the opportunity to opt out of any or all of our mailing lists each time you receive email from us. We will not submit your personal information to third-party marketers and will use your information only as described in this Agreement and in the Privacy Policy.

Disclaimer of Warranties; Limitation of Liability

TRINITY CONTROLS AND OPERATES THE SITE FROM WITHIN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT CONTENT IS APPROPRIATE OR AUTHORIZED FOR USE IN ALL COUNTRIES, STATES OR OTHER JURISDICTIONS. WHEN YOU ACCESS THE SITES, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.

THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU IN CONNECTION WITH THE SITES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU VIA THE SITE OR E-MAIL SENT FROM US IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

YOU HEREBY RELEASE TRINITY, ITS PRESENT AND FUTURE RECTORS, VICARS, PRIESTS, CHURCH WARDENS, VESTRYMEN, PARISHIONERS, OFFICERS, DIRECTORS, ATTORNEYS, EMPLOYEES AND AGENTS, AND EACH OF THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, HEIRS, ADMINISTRATORS, EXECUTORS AND ASSIGNS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS AND DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR OR ANYONE ELSE’S USE OF THE SITE OR ANY ACT OR OMISSION OF ANY RELEASED PARTY.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN ALL CASES, AND WITHOUT LIMITING ANY OF THE FOREGOING LIMITATIONS, THE TOTAL LIABILITY OF TRINITY TO YOU UNDER THIS AGREEMENT FOR ACTUAL, DIRECT DAMAGES (WHETHER ARISING IN TORT, NEGLIGENCE OR OTHERWISE) WILL NOT EXCEED THE SUM OF $100 OR ANY LARGER AMOUNT PAID BY YOU FOR ANY SERVICES RECEIVED THROUGH THE SITE. NOTWITHSTANDING THE FOREGOING LIMITATIONS, NOTHING IN THIS AGREEMENT WILL OPERATE TO EXCLUDE OR LIMIT TRINITY’S LIABILITY FOR ITS OWN GROSS NEGLIGENCE OR ACTUAL FRAUD.

Indemnification

You agree to indemnify, defend and hold harmless Trinity, its present and future rectors, vicars, priests, church wardens, vestrymen, parishioners, officers, directors, attorneys, employees and agents, and each of their respective predecessors, successors, heirs, administrators, executors and assigns (collectively, the “Indemnitees”) from and against any and all losses, damages, costs, liability or expenses (including attorneys’ fees and settlement costs) arising from or relating to (a) your use of the Site; (b) your breach of this Agreement; or (c) your violation of any law or right of a third party.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Sites for any purpose that is prohibited by any applicable law or regulation or by these Terms of Use, as they may be amended from time to time.

Termination; Change in Service

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or content, without prior notice or liability.

Miscellaneous

Entire Agreement

This Agreement constitutes the entire agreement between you and Trinity concerning its subject matter. This Agreement supersedes any and all other understandings or agreements, written or oral, regarding such subject matter. You acknowledge that you have not relied on any oral or written representations or statements of any third party or Trinity, except as expressly set forth in this Agreement.

Applicable Law; Disputes

By visiting the Sites, you agree that the laws of the State of New York, without regard to its principles of conflict of laws, will govern the terms of this Agreement and any dispute that may arise between you and Trinity. Any such dispute may be heard only in the federal and state courts in the Borough of Manhattan, City and State of New York, and you hereby submit to the exclusive jurisdiction and venue of such courts.

Headings

The section headings in this Agreement are for convenience only and shall not affect in any way the interpretation or understanding of this Agreement or any of the terms and conditions herein.

Severability

If any term or provision of this Agreement is held to be invalid or unenforceable, the remaining portions will continue to be valid and will be performed, construed, and enforced to the fullest extent permitted by law, and the invalid or unenforceable term will be deemed amended and limited in accordance with the intent of the parties, as determined from the face of the Agreement, to the extent necessary to permit the maximum enforceability or validation of the term or provision.

No Waiver

No waiver (in whole or in part, express or implied) of any right or remedy provided for in this Agreement shall be understood to waive any other right or remedy. No delay or failure by Trinity to exercise any right or remedy shall operate as a waiver thereof.

If you have questions about this Agreement, wish to report any violations, or wish to obtain permission to use Content other than as expressly permitted in this Agreement, please contact us by mail at Trinity Church Wall Street, Attn: Lead Counsel, 120 Broadway, 38^th Floor, New York, NY 10271, or email copyrightagent@trinitywallstreet.org.

Last updated as of July 8, 2019