Last updated March 20, 2023
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THE SITE.
We may update, change, modify, or revise these Terms at any time and for any reason. Any changes will become effective upon posting to the Site, along with the date on which it was most recently revised as indicated by the “Last updated” heading at the top of these Terms. Your continued access to and/or use of the Site after any such modifications constitute your acceptance of the Terms as modified. If any modification to these Terms is held to be invalid, void, or unenforceable for any reason, such modification shall be deemed severable and shall not affect the validity and enforceability of these Terms.
We grant you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site. You shall not, in any way, otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site. We may at any time, for any reason, and without notice: (a) modify, suspend, or terminate operation of or access to (including for any individual or number of individuals) the Site, or (b) change, revise, or modify the Site.
3. Ownership and Intellectual Property Rights
You understand and agree that Company owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site, and all photos, text, data, code, trademarks, copyrighted works, music, artwork, databases, graphics, images, audio and visual clips, logos, software, and other materials contained on the Site, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.
4. Accounts, Passwords, and Security
In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify Company immediately upon learning of any unauthorized use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by Company or any other person or entity due to another person using your account, login ID, or password. You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.
Company cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. If you are under 18, you may use the Services only with involvement of a parent or guardian.
5. Restrictions on Use
You shall not:
- reproduce, distribute, or publicly display the Site;
- adapt, alter, modify, reverse engineer, disassemble, or decompile the Site, or any Content;
- prepare derivative works based on the Site;
- remove, obscure, or modify any copyright, trademark or other proprietary rights notices, or labels contained on or within the Site;
- frame, mirror, or in-line link the Site, or incorporate into another website or application;
- use the Site for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- interfere with any access control measures or attempt to disable or circumvent such security features;
- post, transmit, submit, or include any viruses, code, or programming routines intended to damage the Site;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind;
- submit or post any false or misleading information; and/or
- violate, infringe, or misappropriate the publicity, privacy, or other proprietary rights of Company, its licensors, or any other person or entity related to the Site.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Site, users, us, our brand, or any other person or entity, or that violates these Terms and/or applicable law.
Any unauthorized use automatically terminates the license granted to you hereunder.
6. Geographic Restrictions
The owner of the Site is based in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Company takes no responsibility and assumes no liability for any Submission.
8. Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. COMPANY SHALL NOT BE HELD RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. COMPANY MAY DISCONTINUE ANY ASPECT OF THE SITE, OR THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF THE SITE AT ANY TIME. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
9. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS BUSINESS PARTNERS AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROVIDERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Company and its licensors from and against any and all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms.
11. Electronic Communications
When you visit or use the Site, or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are deemed to be given and received on the date we transmit any such electronic communication.
The Site and our emails may contain links to other third party websites and social media pages (“Linked Sites”). These Terms apply only to the Site and do not apply to any Linked Sites. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any Linked Site.
13. Governing Law/Jurisdiction/Claim Limitation
These Terms shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to conflict of law principles. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. You may not seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which a party acts or proposes to act in a representative capacity.
14. Violation of these Terms and Remedies
Company may, in its sole discretion and without prior notice, block and/or terminate your access to the Site if we determine that you have violated these Terms. You agree that any violation, or threatened violation, by you of these Terms may cause irreparable harm to Company, and therefore you agree that Company shall be entitled to injunctive or equitable relief.
15. General Provisions
If, for any reason, a court of competent jurisdiction or arbitration proceeding determines any provision of these Terms or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms shall continue in full force and effect. Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Company hereof will be deemed effective unless in writing. Company shall not be liable for any delays or failure in performance of any part of the Site, from any cause beyond Company’s reasonable control. Such causes include, but are not limited to, acts of God, changes in law, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, unusually severe weather conditions, pandemics, and acts of hackers or third-party service providers.
These Terms constitute the entire agreement between Company and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof.
16. Contact Us
If you have any questions or concerns about the Site please contact us at:
- By email: email@example.com
- By phone number: Montauk: (631) 668-8415; Sag Harbor: (631) 808-3111