Welcome to COM.PLY Restaurant Compliance Management™ (the “Service”), a copyrighted, free web-based service available to all dues-paying members of the NYC Hospitality Alliance. By using the Service, you are agreeing to these terms. Please read them carefully.
You must follow any policies made available to you within the Service. Don’t misuse our Service. For example, don’t interfere with our Service or try to access it using a method other than the interface and the instructions that we provide. Don’t post inappropriate, pornographic, distasteful, or embarrassing material on the site. You may use our Service only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Our Service is only available to dues-paying members of the Alliance. If you fail to pay your dues or cease to be a member of the Alliance, your access to the Service will be terminated and you may lose any information stored there.
Using our Service does not give you ownership of any intellectual property rights in our Service or the content you access. These terms do not grant you the right to use any branding or logos used in our Service. Don’t remove, obscure, or alter any legal notices displayed in or along with our Service.
In connection with your use of the Service, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
The Service is available on mobile devices. Do not use the Service in a way that distracts you and prevents you from obeying traffic or safety laws.
Your Alliance Account
You will need an Alliance account in order to use the Service. Your Alliance account will be assigned to you by our administrator. To protect your Alliance Account, keep your password confidential. You are responsible for the activity that happens on or through your Alliance account. Try not to reuse your Alliance account password on third-party applications. If you learn of any unauthorized use of your password or your Alliance account, please contact our Administrator.
Privacy and Copyright Protection
The Alliance’s privacy policies explain how we treat your personal data and protect your privacy when you use our Service. By using our Service, you agree that the Alliance can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, please contact our Administrator.
Your Content in our Service
Our Service allows you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
About Software in our Service
The Alliance gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by the Alliance, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Service may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Service
We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop the Service altogether.
You can stop using our Service at any time, although we’ll be sorry to see you go. The Alliance may also stop providing Service to you, or add or create new limits to our Service at any time.
You receive the Service as a dues-paying member of the Alliance. If you don’t pay your dues or cease to be a member of the Alliance, your access to the Service will be terminated and you will lose any content stored on the Service.
We believe that you own your data and preserving your access to such data is important. If we discontinue the Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Service.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THE ALLIANCE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTIONS OF THE SERVICE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICE “AS IS”.
THE ALLIANCE DISCLAIMS ANY OBLIGATION TO MONITOR YOUR LEGAL OBLIGATIONS UNDER ANY DOCUMENTS OR PURSUANT TO ANY INFORMATION YOU POST ON THE SERVICE.
THE SERVICE IS BEING PROVIDED AS A SERVICE TO OUR MEMBERS AND IS NOT A SUBSTITUTE FOR YOUR OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS, RULES OR REGULATIONS AND MONITOR ANY APPLICABLE TIME LIMITS FOR SUCH COMPLIANCE. THE ALLIANCE IS NOT RESPONSIBLE FOR ANY FAILURE OF YOU TO COMPLY WITH APPLICABLE LAWS, RULES OR REGULATIONS, EVEN IF SUCH FAILURE IS DUE TO A FAILURE OF THE SERVICE.
WE DISCLAIM ANY OBLIGATION TO INDEPENDENTLY MONITOR DEADLINES OR SEND YOU REMINDERS OF DEADLINES YOU POST TO THE SERVICE, EXCEPT AS SPECIFICALLY PROVIDED BY THE SERVICE.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Service
TO THE EXTENT PERMITTED BY LAW, THE ALLIANCE, AND THE ALLIANCE’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE ALLIANCE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICE AGAIN).
IN ALL CASES, THE ALLIANCE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Service
If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Alliance and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to our Service. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and any verbal or written additional terms you were given prior to signing up for the Service, these terms will control for that conflict.
These terms control the relationship between The Alliance and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Service. All claims arising out of or relating to these terms or the Service will be litigated exclusively in the federal or state courts of New York County, New York, USA, and you and The Alliance consent to personal jurisdiction in those courts.
For information about how to contact The Alliance, please visit our contact page.