Terms & Conditions
Terms and Conditions
(Last Updated December 18, 2009)
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and any services or information provided through the Site. The Agreement constitutes the entire and only agreement between you and the Company with respect to your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, you hereby agree to comply with all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes.
2. Requirements. The Site is available only to individuals who can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), you do not have permission to use and/or access the Site.
We may provide you with the ability to contact a Service Provider by calling the applicable telephone number listed on the Site. Service Providers may request additional information from you in order to schedule an appointment and provide their Services. The Services provided and fees charged by any of the Service Providers will be determined by that entity. You agree to provide true, accurate, current and complete Registration Data. The Company and the applicable Service Providers each have the right to reject any Registration Data where it is determined, in the sole and exclusive discretion of the Company and the applicable Service Providers, that: 1) you are in breach of the Agreement; and/or 2) the Registration Data that you provided is incomplete, fraudulent, a duplicate or otherwise unacceptable. The Company and the applicable Service Providers each may change the Registration Data criteria at any time, in their sole discretion.
Please be advised that the Company does not itself recommend, endorse, screen, own or operate any Businesses, and that the Service Providers are solely responsible for the provision of the Services to you. We are able to provide you with information regarding and the ability to contact the Service Providers through the Site because the Service Providers have agreed to pay us fees to advertise their Services on the Site.
You understand and agree that the Company shall not be liable to you or any third party with respect to any Services offered by any Service Providers. If the Company terminates the Agreement for any of the reasons set forth in the Agreement, the Company shall have no liability or responsibility to you. You understand and agree that refusal to use the Site is your sole right and remedy with respect to any dispute with the Company.
4. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. The Company may terminate this license at any time for any reason. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect Company related information from the Site or property except as expressly permitted in writing by the Company. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Site content or any portion thereof. The Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site is not transferable.
5. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and belong exclusively to us or our licensors. The copying, redistribution, publication or sale by you of any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site. The posting of information or material on the Site by the Company does not constitute a waiver of any right in such information and/or materials.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered non-confidential and non-proprietary. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
6. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information, offers and/or other content appearing on the Site.
7. Indemnification. You agree to indemnify and hold the Company, its Service Providers, parents, subsidiaries and affiliates, and each of their respective shareholders, officers, directors, members, managers, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site and/or the Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of the Company, its Service Providers, its parents, subsidiaries and/or affiliates, and each of their respective shareholders, officers, directors, members, employees, agents, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
8. Disclaimer of Warranties. THE SITE, ANY SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE WILL BE AVAILABLE OR WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS WILL BE SAFE, ACCURATE OR RELIABLE. THE COMPANY MAKES NO REPRESENTATON OR WARRANTY THAT THE SERVICE PROVIDERS ARE LICENSED, QUALIFIED OR AVAILABLE TO PROVIDE THE SERVICES YOU REQUEST, NOR DOES THE COMPANY MAKE ANY REPRESENTATION OR WARRANTY AS TO THE OUTCOME OF ANY SERVICES PROVIDED. THE SITE AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS MAY CONTAIN PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, ANY OF ITS SERVICE PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
9. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, THE SERVICES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, THE SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE; (B) ANY DISPUTE ASSOCIATED WITH ANY SERVICE PROVIDER; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE SITE; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (F) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE TWO HUNDRED AND FIFTY DOLLARS ($250). YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE SITE, THE SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR SERVICE PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE THROUGH THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
10. Third Party Websites. The Site may provide and/or refer you to links to other Internet websites and/or resources. Because the Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that the Company is not responsible for the availability of such third party websites and/or resources. Furthermore, the Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
12. Legal Warning. Any attempt by any individual, whether or not a Company customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, is a violation of criminal and civil law and the Company will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Miscellaneous. The Site is intended to be used only by users who are residents of the United States. Users who access the Site from outside the United States do so at their own initiative and risk and are responsible for compliance with all applicable laws. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, the terms and conditions of the Agreement, or the breach of same, you agree to submit the dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall include a written summary and shall be final and conclusive and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and the Company and governs your use of the Site and/or any Services, superseding any and all prior and/or contemporaneous agreements between you and the Company. To the extent that anything in or associated with the Site and/or any Company offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. By assenting to this Agreement, you agree that a printed version of this Agreement and other agreements entered into by you on the Site in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14. Contact Us. If you have any questions regarding the Agreement, or would like more information from us, please send your request to:
158 W 27th St
New York, NY 10001
Or contact us via email at [email protected].