Terms of Use

Last update: February 4,2019

Thank you for visiting the NY/NJ Baykeeper website. By using the this website, you acknowledge that you have reviewed, and agree to be bound by, the following Terms of Use, the Privacy Policy, all disclaimers and terms and conditions that appear elsewhere on this Website and all applicable laws. If you are dissatisfied with this Website, its content or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this Website.

Permitted Use

You may access and use this Website only in accordance with these Terms of Use. All content included in this Website, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips and software (the “Content”), is provided for informational purposes only. NY/NJ Baykeeper grants you a limited non-exclusive, non-transferable and revocable license to access and use this Website and the Content only to display on your own computer and to print a copy of the Content for your own personal and non-commercial use.


All Content published on or otherwise accessible through this Website, including without limitation, all texts, designs, images, photographs and other information, is protected under copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by NY/NJ Baykeeper or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). NY/NJ Baykeeper grants you a limited license to display on your own computer only or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, this Website and maintain such notices in the Content. NY/NJ Baykeeper does not warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.


The trade-marks and logos (collectively the “Trade-Marks”) displayed on this Website, are registered and unregistered Trade-Marks of NY/NJ Baykeeper and others. Nothing contained on this Website should be construed as granting, by implication, or otherwise, any license or right to use any Trade-Mark displayed on this Website without the written permission of NY/NJ Baykeeper or such third party that may own the Trade-Marks displayed on this Website. Your misuse of the Trade-Marks displayed on this Website, or any other Content, except as provided in these Terms of Use, is strictly prohibited.

Disclaimer of Warranties

NY/NJ Baykeeper intends for the Content on this Website to be accurate and reliable, however, this Website and the Content are provided to you on an “as is” and “as available” basis and without warranty or condition of any kind, whether express or implied. In particular, NY/NJ Baykeeper does not control the Content posted by users on this Website and makes no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through this Website. Furthermore, to the fullest extent permissible pursuant to applicable law, NY/NJ Baykeeper, its affiliates, officers, directors, employees, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. ONE DROP expressly disclaims any representation or warranty that this Website will be free from errors, viruses or other harmful components, that communications to or from this Website will be secure and not intercepted, that the services and other capabilities offered from this Website will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

Without limiting the foregoing, NY/NJ Baykeeper expressly excludes (and you hereby release NY/NJ Baykeeper from) any liability for any of the following:
– fraud by any user of this Website;
– any misrepresentation by a third party (whether innocent or fraudulent) made in respect of this Website or the content therein;
– any failure by NY/NJ Baykeeper to ensure that it does not breach any copyright or other intellectual property right of any third party;
– any link on this Website to any other site; and
– loss or damage caused by delay or errors in, or the downtime of, this Website (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that NY/NJ Baykeeper has been advised of the possibility of such loss or damage.

In no event shall NY/NJ Baykeeper or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of this Website or any other site you or users of your account may access while using this Website or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.

Nothing in these Terms of Use is intended to limit or exclude any liability on the part of NY/NJ Baykeeper where and to the extent that applicable laws prohibit such exclusion or limitation.


You acknowledge and expressly agree that use of this Website is at your sole and own risk. You agree to indemnify and hold NY/NJ Baykeeper and its affiliates as well as their respective directors, officers, trustees and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or users of your account, or in any way arising out of the use of this Website.

Prohibited Use of this Website

You shall not use this Website in any way that would interfere with its operation nor submit any content to this Website which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.


This Website may contain links to, or be accessed from links on other websites. NY/NJ Baykeeper does not have responsibility for, or control of, the contents, availability, operation or performance of other websites to which this Website may be linked or from which this Website may be accessed. NY/NJ Baykeeper makes no representation of any kind whatsoever regarding the content of any other websites which you may access from this Website. NY/NJ Baykeeper also cannot guarantee the privacy policies of these other sites and suggests you check the privacy policies of those websites directly.


ONE DROP reserves the right to make changes to this Website, these Terms of Use and the Privacy Policy at any time. Each time you use this Website, you should visit and review the then current Terms of Use and Privacy Policy that apply to your transactions and use of this Website. Please refer to the last update date which appears at the top of this page to know the posting date of any change to these Terms of Use. Your continued use of this Website following any modification to these Terms of Use or the Privacy Policy constitutes your agreement to such modified Terms of Use and Privacy Policy.

Governing Law

ONE DROP’s Website is operated from Montreal, Province of Quebec, Canada. These Terms of Use shall therefore be governed by, construed and enforced in accordance with the laws in force in the Province of Quebec and the applicable laws of Canada, without regard to its conflict of law provisions. Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec, Canada in respect of any action or proceeding arising out of or related to this Website.


ONE DROP reserves the right to terminate or suspend access to this Website at any time without notice and for any reason whatsoever. These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and ONE DROP with respect to your use of this Website and supersede all previous agreements, understandings and representations relating thereto. No failure by ONE DROP to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.