New York Premium Developers, Inc. ("New York Premium"), provides this web site for your individual information and/or purchasing convenience upon the terms and conditions set forth in this User Agreement.

User's Acknowledgment

Thank you for your support of New York Premium's web site. By accessing this web site, you agree to all the terms of this User Agreement and you also acknowledge and agree that: (a) you are using this web site at your sole risk; (b) New York Premium provides this web site and its contents on an "as is" basis and makes no claims or warranties of any kind with respect to the site or its contents (as more particularly described below); and (c) you will comply with all applicable laws, statutes, ordinances and regulations.

Availability of Products and Services

New York Premium makes no representations regarding availability, quantity or quality of products and services listed for sale at its web site. We assume no responsibility for sold out or unavailable products and services. Unless expressly stated otherwise, all offers are limited to current stock and no rainchecks will be given.

Copyright and Trademark

New York Premium or its vendors own the copyright in all of the content comprising this web site, unless otherwise indicated. By accessing and using this web site, you agree to abide by U.S. and international copyright law and all other applicable laws. All brand, product and service names appearing on this web site are trademarks/servicemarks of their respective holders. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of New York Premium or any third party.

Currency, Accuracy and Completeness of Information; Changes

New York Premium makes no guarantee, representation or warranty (express or implied), nor assumes any legal liability whatsoever, for the currency, accuracy, completeness or quality of information about the products or services for sale at its web site. Without limiting the generality of the foregoing, New York Premium is not responsible for misprints, out-of-date information, errors, omissions, inaccuracies or unauthorized additions, deletions and alterations made by third parties to the products and services offered for sale at its web site. Furthermore, the content included in this web site has been compiled from a variety of sources and is subject to change without notice as are any products, services, programs, offerings, or technical information described in this web site.

Order Fulfillment and Returns

New York Premium processes orders upon receipt and ships when the product is readily available.  New York Premium ships products via regular mail and/or UPS Ground Service unless otherwise requested (additional costs apply for expediting orders).  In the event a product is returned, the purchaser may receive a credit to use at New York Premium's web site or a refund shall be issued, excluding shipping and handling charges, for all products that are not damaged, materially altered or defective.  A 25% restocking fee will apply to all returns.  

New York Premium reserves the right to send a similar product if in fact the product so ordered is unavailable or discontinued. 

Disclaimer of Warranty and Liability

The references and descriptions of products or services offered for sale at New York Premium's web site are provided "as is" without any warranty of any kind, either express or implied. New York Premium makes no representation or warranty whatsoever regarding the suitability, functionality, or operation of this web site or its content. The inclusion of a product or service at New York Premium's web site does not imply any recommendation, endorsement or approval of that product or service by New York Premium.  By using this web site, you assume the risk that the content on this web site may be inaccurate, incomplete, offensive or may not meet your needs and requirements. NEW YORK PREMIUM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT, AND THE PRODUCTS AND SERVICES OFFERED.  NEW YORK PREMIUM IS NOT LIABLE FOR ANY DAMAGES, INCLUDING ANY CONSEQUENTIAL DAMAGES, OF ANY KIND, THAT MAY RESULT TO THE USER FROM THE USE OF THE PRODUCTS AND SERVICES OFFERED FOR SALE ON ITS WEB SITE OR OF ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN. IN NO EVENT WILL NEW YORK PREMIUM BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. New York Premium is not responsible for the processing of manufacturer's warranties. Any warranty matters must be addressed directly with the merchant or manufacturer, as the case may be.

Links

Certain links on this web site may lead to web sites that are not maintained by New York Premium or under its control. New York Premium is not responsible for the contents of any such referenced web sites or for the availability of access to such web sites.

Void Where Prohibited

Although New York Premium's web site is accessible worldwide, not all products or services at nypremium.com are available to all persons or in all geographic locations or jurisdictions. New York Premium reserves the right to limit the provision of its products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any products or services listed at nypremium.com is void where prohibited.

General Provisions

This Agreement and the relationship between you and New York Premium shall be governed in all respects by the laws of the State of New York.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck to the extent of such invalidity or unenforceability, and the remainder thereof, as well as the remaining provisions of this Agreement, shall be fully enforced.

New York Premium retains the sole and exclusive right to amend this User Agreement at any time by posting the revised terms on our web site. The revised terms of this User Agreement shall automatically be effective after they have been posted to our web site.