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Terms and Conditions (“Terms”)
Welcome to the website for The Assemblage. These Terms are a contract between You (“You” or “Your”) and The Assemblage Hospitality LLC (“The Assemblage,” “Company,” “We,” “Us,” or “Our”), with regard to the access and use of Our website (including theassemblage.com, mosaic.theassemblage.com, and membersnomad.theassemblage.com) and its component pages (“Site”), content, and/or online services made available through the Site. Any references to the Company shall include employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company. Please read these Terms fully and carefully before accessing and using Our Site.
THIS SITE IS NOT AVAILABLE TO PERSONS OUTSIDE THE UNITED STATES, AND THESE TERMS APPLY ONLY TO PERSONS WITHIN THE UNITED STATES. THIS SITE IS ALSO NOT AVAILABLE TO ANY PERSONS SUSPENDED OR REMOVED FROM THE SITE BY THE COMPANY. IN USING THIS SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES WHO HAS NOT BEEN SUSPENDED OR REMOVED FROM THE SITE. PERSONS CHOOSING TO ACCESS THIS SITE DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, ALL LOCAL LAWS AND RULES, INCLUDING WITHOUT LIMITATION, SUCH LAWS AND RULES REGARDING THE INTERNET, DATE, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.
Without any further notice and at any time, You understand and agree that the Company may terminate, cancel, deactivate, and/or suspend Your access to the Site. The Company reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Site. You understand, acknowledge, and agree that Your sole and exclusive right and remedy regarding the termination or modification of Your access to and use of the Site, is to stop using the Site.
The following rules are a condition of Your use of and access to the Site. You are responsible for the content of Your communications and representations via the Site.
We may require, at any time, proof that You are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Site or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Site, You represent the following:
Violations of these provisions will be determined by the Company in its sole discretion.
All Site content and materials including without limitation articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the Company or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the Company and protected by United States and international copyright laws. Except as expressly authorized by the Company, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all Site content and materials.
The Site may contain links to third party websites (“Third-Party Sites”).
THE COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY SITES AND THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY US. ACCORDINGLY, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRD-PARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY THE COMPANY. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
To the fullest extent permitted under applicable law and SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OR SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU ALSO SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND/OR MAY DISCONTINUE ANY PART OF THE SITE AT ANY TIME.
ALSO SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree to indemnify and hold the Company, its employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any terms or conditions contained in this agreement.
These Terms are governed by the laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under this agreement shall lie exclusively with the state or federal courts within New York, New York. If any provision of the Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such provision or any other provision. You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
The Company may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
Sections 4 (Privacy), 7 (Ownership; Proprietary Rights), 10 (Indemnification; Hold Harmless), 11 (Dispute), 12 (Assignment), 13 (Severability), 15 (Headings), 17 (No Waiver), 18 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 19 (Digital Millennium Copyright Act) shall survive any termination of this agreement.
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions, terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
No waiver of any of these Terms by THE COMPANY is binding unless authorized in writing by an officer of THE COMPANY. If THE COMPANY waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner afFECT the right of THE COMPANY to enforce the same at a later time.
Our Site is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Site should be promptly sent in the form of written communication to The Assemblage, 114 East 25th Street, New York, NY 10010, or firstname.lastname@example.org. All claims must include the following information:
Address: The Assemblage, 114 East 25th Street, New York, NY 10010.
Phone: (646) 849-9861.
Last Updated: 10/01/2018