Membership Terms & Conditions
Use of Private Broadcast Email Platform
Effective Date: June 11, 2025
These Terms and Conditions (“Terms”) govern your use of the NYSCAR Private Broadcast Email Platform (“Platform” or “Service”), provided by NYSCAR, located at 130 Washington Ave, Albany, NY, 12210 (“we”, “us”, or “our”).
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. Eligibility
Use of the Platform is restricted to current NYSCAR members and affiliates with an active membership. By accessing the Platform, you confirm your active status and agree to use the service in accordance with these Terms.
2. Account Registration
You must create an account to use the Platform. You are responsible for safeguarding your login credentials and for all activity that occurs under your account.
3. Acceptable Use
You agree not to use the Platform to:
- Send unsolicited or unauthorized email (spam);
- Transmit content that is illegal, harmful, abusive, defamatory, vulgar, or otherwise objectionable;
- Violate any applicable laws or regulations, including the CAN-SPAM Act, GDPR, or CASL;
- Send emails to non-members or external parties;
- Impersonate others or misrepresent your identity;
- Interfere with the performance or security of the Platform.
4. Member-Only Email Compliance
Use of the Platform is for internal communications only, between active NYSCAR members and affiliates. By maintaining an active membership, you are considered to have opted in to receive broadcast emails from other members.
However:
- Every message must include a valid sender and subject line;
- Members may manage their communication preferences by logging into their NYSCAR profile and selecting the types of broadcasts they do or do not wish to receive;
- All opt-out preferences must be respected, and no member should be re-added to a category they have opted out of without explicit consent.
Messages sent through the Platform must only target active NYSCAR members and affiliates. Non-members may not be included or targeted in any broadcast emails under any circumstance.
5. Content Ownership
You retain ownership of the content you send via the Platform. By using our services, you grant NYSCAR a limited license to host, store, and transmit such content solely for the purpose of providing the service.
6. Data Privacy
Our collection and use of personal data is governed by our Privacy Policy. By using the Platform, you consent to our practices as described therein.
7. Service Availability
We aim to provide reliable service but do not guarantee uninterrupted access. We may suspend, modify, or discontinue the Platform at any time without notice or liability.
8. Fees and Payment
You agree to pay all applicable fees under your NYSCAR membership or service plan. Failure to pay may result in suspension or loss of access.
9. Termination
We reserve the right to suspend or terminate your account at any time, with or without cause. You may also cancel your account at any time, but access to your content and broadcasts will cease.
10. Disclaimer of Warranties
The Platform is provided “as is” and “as available.” We make no warranties, express or implied, including fitness for a particular purpose, merchantability, or non-infringement.
11. Limitation of Liability
To the fullest extent permitted by law, NYSCAR shall not be liable for indirect, incidental, or consequential damages, including loss of data or profits.
12. Indemnification
You agree to indemnify and hold NYSCAR and its affiliates harmless from any claims, damages, or liabilities resulting from your misuse of the Platform or violation of these Terms.
13. Modifications
We may revise these Terms at any time. Material changes will be communicated to users. Continued use of the Platform constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.
15. Contact
For questions or concerns about these Terms, please contact us at:
📧 info@nyscar.org
📍 130 Washington Ave, Albany, NY, 12210
16. Email Communication Policy
All NYSCAR members and affiliates with active status agree, as part of their membership, to receive relevant communications via the Broadcast Email Platform.
To manage your email preferences:
- Log into your NYSCAR member profile
- Navigate to your V-Card & Preferences settings
- Select the categories of broadcasts you do not wish to receive
These preferences will be honored across all broadcast messages.
Note: Some essential communications—such as dues notices, legal updates, or organizational alerts—may still be sent regardless of your preferences, as they are considered necessary to your membership.