This Privacy Policy (“Privacy Policy”) governs the use of our websites, mobile, sites, mobile applications and other online services (collectively, “Sites” or “Web Sites”), and explains, in general, what Personal Information (as defined below) and other information is collected on the Web Sites, how the information is used, and with whom we may share such information. Rabina Properties is referred to in this Privacy Policy as “Company,” “we,” “us,” “our,” or other similar pronouns.
By visiting the Web Sites, and/or by using the services available on the Web Sites, you agree to the terms of this Privacy Policy as they may be amended from time to time. As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time.
The Web Sites are intended for users who are located in the United States of America. This Privacy Policy shall be interpreted under the laws of the United States.
This Privacy Policy does not apply to information that you may provide to us, or that we may obtain, through sources other than our Web Sites, such as by phone, through postal mail and through other live and print media, including without limitation, information obtained from or provided to us by third parties.
Purpose
Your privacy is a serious matter to us. In order to make your visits to our Web Sites and use of the services available through our Web Sites as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer each time you visit the Web Sites. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit card and other payment information; demographic information, educational and scholastic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. This privacy statement explains, in general, what Personal Information and other information is collected on our Web Sites, how the information is used, and with whom we may share such information. Please take a few minutes to read our Privacy Policy so you can understand how the Company treats your information.
What Information is Collected on the Web Sites?
User-Provided Information
We may collect Personal Information from users of our Web Sites, for example, through such users’ activities, transactions and completion of online forms on our Web Sites. Such information may be collected, for example, when users create membership profiles, register or subscribe for accounts or features on our Web Sites, sign a petition, sign up as a volunteer, create an account, participate in a contest or promotion, make a donation or purchase, communicate with us via third party social media sites, enter into online transactions, complete surveys, provide reviews, respond to polls, input information into our interactive programming features, submit content, including without limitation, media files, photos, videos, documents or other information to the Web Sites, contribute to a chat room, list serve, blog or other open forum or community feature that we may make available on our Web Sites, submit a comment or question to us using a “contact us” or similar feature on our Web Sites, send us an e-mail, view web pages, advertisements or file attachments, or in any other way submit Personal Information to us via our Web Sites.
Web Site Usage Information
Cookies
We may use “cookies” to keep, and sometimes track, information about you, for example, through Google Analytics. Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer’s hard drive. Cookies track where you travel on our Web Sites. They may store your username and/or password. A cookie may enable us to relate your use of our Web Sites to other information about you, including your Personal Information. All of these purposes serve to improve and personalize your experience on our Web Sites. Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web Sites or certain areas or features of the Web Sites.
Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on your computer, your Flash player can be set to reject or delete Flash cookies. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web Sites or certain areas or features of the Web Sites.
Clear GIFs
We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Web Sites and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.
IP Address and Clickstream Data
Our servers may automatically collect data about your server’s Internet address when you visit us. This information is known as an Internet Protocol address, or IP Address, and is a number that’s automatically assigned to your computer by your Internet service provider. When you request pages from our Web Sites, our servers may log your IP Address and sometimes your domain name. Our servers may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on our Web Sites; the Web site you visit after our Web Sites; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on our Web Sites or a referral site; and other Web usage activity and data logged by our Web servers. We may use this information for internal system administration, to help diagnose problems with our server, and to administer our Web Sites. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information.
Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our services providers.
How is Personal Information Used?
We will use the Personal Information you provide to our Web Sites, for example, to respond to your requests. We may also use your Personal Information to maintain our internal record keeping. We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties.
We may also use the Personal Information for various purposes, including to: (i) improve the operation of the site, and administer or diagnose problems with our Sites and services; (ii) provide and deliver the information or products you request and process those transactions; (iii) respond to your inquiries and comments, and to otherwise contact you about your use of the Sites; (iv) send you newsletters and otherwise provide you with information or services; (v) personalize your experience on the Sites; (vi) monitor and analyze trends, usage and activities in connection with our Sites; and (vii) implement any other purpose for which the information was collected.
We may also analyze user behavior as a measure of interest in, and use of, our Web Site and e-mails, both on an individual basis and in the aggregate.
Do We Share Personal Information and Web Site Usage Information With Others?
Social Sharing
The Sites may offer social sharing features which let you share actions you take on our Sites with other media, and vice versa. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Service Providers
We may use third-party partners to help operate or promote our Web Sites and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through the Web Sites or for our business (such as vendors, consultants, volunteers and other similar service providers that use such information on our behalf).
Aggregate Statistics
We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Web Sites and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
Legally Compelled Disclosures
We may disclose user information (which may include Personal Information) to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web Sites, or anyone else that could be harmed by such activities.
Business Transfers
In the event that we, or substantially all of our assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.
Do Not Track
We recognize the Do Not Track browser setting. Do Not Track (DNT) is a preference you can set in your browser to let the websites you visit know that you do not want them collecting certain information about you.
For more information about Do Not Track, including how to enable or disable this preference, search the web for your browser, device and the term “Do Not Track”.
Wireless Addresses
If the e-mail address you provide to us is a wireless e-mail address, you agree to receive messages at such address from the Company. You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
Security
We will take reasonable steps to protect the security and integrity of all Personal Information provided to us via our Web Sites. However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
If you contact us by e-mail or a “contact us” or similar feature on our Web Sites, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
You may be able to create an account on our Web Sites with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Sites by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision, nor will we have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, if we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
Consent to Processing
By providing Personal Information to our Web Sites, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
Third-Party “Linked-To” Web Sites
When you are on our Web Sites you may have the opportunity to visit, or link to, other sites not operated by us. These sites may collect Personal Information from and about you. Company does not control such web sites and is not responsible for the privacy and information practices of these sites. This Privacy Policy does not address the privacy and information practices of those other Web sites.
Children’s Privacy
We are committed to protecting children’s privacy online and meeting the requirements of the Children’s Online Privacy Protection Act. The Sites are intended only for users 13 years of age and older. We do not knowingly collect information from children.
Changes to this Privacy Policy
We reserve the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of our Web Sites by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to the Web Sites. Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of our Web Sites or sending you an e-mail.
Last Updated: 06/01/2016
Rabina Properties LLC Web Sites Terms of Use
The following terms of use (the “Terms of Use”) govern your access to and use of our website located at rabinaproperties.com and any other websites, mobile, sites, mobile applications and other online services operated by us (collectively, “Sites” or “Web Sites”). The Sites are made available by Rabina Properties LLC (“Company” or “we” or “us”). We may change these Terms of Use from time to time, by posting such changes on the Sites. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR ACCESS TO AND USE OF THE SITES. If you do not agree to these Terms of Use, you should not visit or use the Sites.
You affirm that you are fully able and capable to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. You also affirm that you have full authority to bind your company or organization to the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use.
1. Proprietary Rights. As between you and Company, and except for your Submitted Materials (as defined in Section 6 below), Company owns, solely and exclusively, all rights, title and interest in and to the Sites, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including but not limited to any copyrights, trademark rights, patent rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Sites does not grant to you ownership of any content, code, data or materials you may access on the Sites.
2. Limited License. You may access and view the content on the Sites on your computer or other internet compatible device, and make single copies or prints of the content on the Sites for your personal and non-commercial use only.
3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Sites, or of any content, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior permission of Company or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Sites. If you make other use of the Sites, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries as well as applicable state laws and may be subject to liability for such unauthorized use. Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Web Sites or on content available through the Web Sites are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. Nothing contained on the Web Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Sites without our written permission or that of the applicable rights holder.
5. User Information. In the course of your use of the Sites, you may be asked to provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in the Sites’ Privacy Policy [Note: This should be a link to the applicable Privacy Policy.], which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information.
6. Submitted Materials. Any and all information, reviews, comments, creative works, demos, ideas, photographs, suggestions, concepts, depictions, methods, stems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our Sites or the message boards, forums, chat rooms, or that which you send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any
manner consistent with these Terms of Use and the Sites’ Privacy Policy [Note: This should be a link to the applicable Privacy Policy.].
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites, and that any "moral rights" in the Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it into other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
7. Prohibited User Conduct. You warrant and agree that, while accessing or using the Web Sites, you shall not:
• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites or Company;
• insert your own or a third party’s advertising, branding or other promotional content into any of the Sites’ content, materials or services;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided for through the Sites;
• engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users’ other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
• use the Sites or their features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party's use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
• engage in unsolicited promotions, political campaigning, advertising or solicitations;
• use the Sites or their services in violation of Company’s or any third party’s intellectual property or other proprietary or legal rights;
• use the Sites or their services in violation of any applicable law; or
• attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites or its services.
You alone are responsible for the content and consequences of any of your activities while you are visiting or using the Sites.
8. Linking to the Web Sites. You agree that if you include a link from any other web site to the Web Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Sites. You are not permitted to link directly to any image hosted on the Web Sites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the Web Sites on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Web Sites in any manner such that the Web Sites, or any page of the Web Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Sites be discontinued, and to revoke your right to link to the Web Sites form any other web site at any time upon written notice to you.
9. Indemnification. You agree to defend, indemnify and hold Company, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from (i) your access to or use of the Sites, (ii) your placement, submission or transmission of any message, content, information, software or other materials on, to or through the Sites, or (iii) your breach or violation of the law or of these Terms of Use. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with any such defense.
10. Third Party Web Sites. You may be able to link from the Web Sites to third party web sites and third party web sites may link to the Web Sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided on Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon. Any reliance on a Linked Site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
11. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Company’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
Jennifer Rabina/Rebecca Salerno
670 White Plains Road, Suite 305
Scarsdale, NY 10583
voice: 914-722-4400
fax: 914-722-4496
e-mail: copyright@rabinaproperties.com
12. Registration and Account Security. We may offer you the opportunity to create a user account on our Web Sites. In that event, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites; (b) maintain password and identification security; (c) maintain and promptly update such data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to such and any other information you provide to the Company.
13. DISCLAIMER OF WARRANTIES. THE SITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES.
14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
15. Applicable Laws. We control and operate the Sites from our offices in the United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.
16. Termination. Company has the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Sites or the Sites’ services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms of Use, Company’s policies or applicable law, or for any other reason without notice or liability. Company maintains a policy that provides for the termination in appropriate circumstances of the Web Sites use privileges of users who are repeat infringers of intellectual property rights.
17. Changes to Terms of Use. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Sites and/or the services offered on or through the Sites after any changes to this Terms of Use are posted will be considered acceptance of those changes.
18. Miscellaneous. The Terms of Use and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Last Updated: 06/08/2016