Terms of Service
Last Updated: August 2018
The following Terms of Service apply to the operations of www.parkavenorth.com, and any other websites on which these Terms of Service appear (collectively, the “Websites”). The Websites are operated and provided to you by 129 N, LLC and its affiliated entities (collectively, the “Company,” “we,” “us,” and “our”). References to “you” or “your” in these Terms refer to you, the user of the Websites and/or Services (as defined below) and/or any applicable guest on whose behalf you are using the Services, for which you acknowledge and agree you have all necessary rights to bind to these Terms. Your use of the Websites as well as any of the services or products that may be offered on the Websites from time to time, including those set forth herein (collectively, the Websites, the services and/or the products are hereinafter referred to as the "Services") are at all times subject to the following Terms of Service (these “Terms”).
These Terms state the terms and conditions under which you may use the Services. Please read this page carefully. This is an agreement between you and Company. If you do not accept these Terms, do not use the Services.
WE OFFER THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Section 1. Hotel Accommodations.
In connection with your use of our Websites and your stay at any of The Park Ave North, the following terms shall apply:
(a) General Terms. You may only book the hotel for normal vacation, holiday or business travel use. A one (1) night minimum stay is required for all reservations. Same day reservations are accepted. The number of occupants must not exceed the maximum occupancy as stated on the Website, unless prior permission is given to you for an accommodation. Please check your reservation documentation carefully to ensure that you have properly booked the correct number of guests. You are responsible for ensuring that upon vacating the property or hotel that the accommodation is left as the you found it, clean and tidy, and removing all personal belongings, food, groceries, refuse/rubbish. Your accommodation will be delivered to you in clean condition with clean linens and towels.
(b) Payment and Cancellation Terms. All reservations require a deposit of 50% to 100% of your entire reservation and shall be charged to the credit card you use to make your reservation. Final payment of any remaining balance is due at the time of your check in. All room rates are subject to a 14.75% and $3.50 per night state and local hotel tax. Unless your reservation is non-refundable, you may cancel your reservation at any time prior to (3) days before your scheduled check-in date and you will be charged a fee equivalent to one night stay. If you cancel your reservation within the three (3) day period prior to your scheduled check-in date or if your fail to check-in as scheduled or if you vacate the room prior to your scheduled check out date, the full amount of any remaining balance owed on your reservation shall be charged to the credit card you used to make your reservation and the entire amount of your reservation shall be retained by the Company as liquidated damages. Non-refundable reservations are not eligible for a refund under any circumstances and the entire amount of your reservation will be retained as a cancellation fee as liquidated damages. All cancellations must be sent to the Company in writing by email to firstname.lastname@example.org. Notwithstanding the foregoing, you will not receive a refund for non-refundable extra services, as identified to you at the time of booking in accordance with these Terms, except for verifiable extenuating circumstances for which notice must be received in writing by the Company via email to email@example.com within thirty (30) days of the event giving rise to the extenuating circumstances. The Company shall have sole discretion as to whether to refund you any pre-paid deposits based on such extenuating circumstances and all such refunds shall be based on the actual price of the additional Services involved and not on per diem basis. Failure to submit notice within thirty (30) days as provided above shall result in the forfeiture of all claims for a refund. The Company accepts all major credit cards, bank transfers, and money orders.
(c) Check-In and Check-Out Times. Check in time is at 3:00PM and check out is at 11:00AM. Should you wish to occupy the room prior to 3:00 pm on the day your reservation commences, you must receive our prior written approval and pre-pay at least fifty percent (50%) of one night’s stay, which amount shall be non-refundable under any circumstance. If you fail to check-out by 11:00AM on the date your reservation terminates, an additional fee of $100 shall be charged to the credit card used to secure the reservation, in addition to any additional daily rates for the hotel room if you stay beyond 2:00PM on the date your reservation terminates. On the date your reservation terminates, you shall return all keys to the premises to the Company by 11:00AM, subject to the provisions set forth below for late check-out.
(d) Conduct. You and your registered guests and permitted visitors are required to conduct yourselves in a manner acceptable to both the Company, and to fellow visitors.
- You agree to keep your accommodations tidy, to refrain from playing loud music or making loud noise from 8:00PM until 9:00AM;
- You agree to abide by all applicable United States, New York State and New York City laws, rules and regulations;
- You agree that pets/animals are not allowed except by prior consent of the Company, except where otherwise required by law;
- You agree that smoking is forbidden in all hotel rooms at all times; and
- You agree that NO PARTIES ARE ALLOWED in your room.
Disruptive behavior caused by your failure to adhere to any of the foregoing restrictions, as well as those set elsewhere in these Terms, will not be tolerated. You understand and agree that the failure to comply with the above policy will result in damages to the Company which will be difficult to ascertain, and therefore agree to pay to Company the amount of $1,000 as liquidated damages for any such failure, which amount shall be in addition to your normal charges for the rooms during your stay. Additional, you acknowledge and agree that you and/or your registered guests and permitted visitors may be ejected from the property without notice, for which the applicable cancellation and/or early departure fees above shall apply, in the event you violate any of these Terms. You agree to immediately notify the Company and, if applicable, the proper authorities in the event of any emergency situation (e.g. fire), or vandalism and/or other disturbance to the hotel during your stay.
(e) Damage to Property. You understand and agree that you are liable for any and all damages to the property or the equipment in the property during your stay caused by you, your registered guests and any of your permitted visitors. If you are responsible for damages, you understand and agree that the credit card used to secure the reservation will be charged for the full amount of such damages. You understand and agree that the invoices from the Company with respect to such damages, inclusive of the date of the damages and the amounts paid for the repairs shall be conclusive evidence of such damages and no further documentation shall be provided by the Company to you with respect to such damages.
(f) Liability and Safety. You understand and agree that the Company, including its officers, directors, employees, agents, contractors, successors and assigns (collectively, the “Company Parties”), assumes no responsibility for any (i) personal injury to you, your registered guests and/or your visitors, whether caused by the Company or any third party, and/or (ii) lost or stolen items belonging to you, your registered guests and visitors. You understand and agree that by making a reservation, you are agreeing to waive any such claims against the Company Parties. You understand and agree that you are completely liable for (i) your own actions and safety and the actions and safety of your registered guests and visitors at all times during your stay, including without limitation, all bodily injury if any sort or nature, (ii) any damages, loss or theft of any property of yours, your registered guests and your visitors at all times during your stay, and (iii) any personal injury and/or damages, loss or theft to Company property or the property of third parties caused by you, your registered guests or your visitors. You agree to indemnify and hold harmless the Company Parties from any claim arising out of your stay at the property, to the extent liability arises from your actions in breach of or your failure to act in accordance with these Terms, including all attorney fees arising out of the defense of same. You understand and agree that any indemnifiable damages may be charged to the credit card used by you to make the reservation, collected directly from you, or a combination of both, at the sole discretion of Company.
(g) Accommodation Availability. All accommodations offered are subject to availability at the time of booking. You understand and agree that if for any reason the accommodation originally reserved is not available, we will undertake to provide you with alternative accommodations of a similar standard. If a hotel accommodation that was offered and paid becomes unavailable, we will endeavor to offer you alternative accommodations or a full refund on request, which refund will usually be made within two (2) days of your submission.
(h) Additional Hotel Charges. You are responsible for all other charges not included in your reservations.
(i) Payment. We accept Visa, MasterCard and bank transfers. Payments for all services must be made in accordance with the terms above. Payments for services must be prepaid 100%.
(j) Errors. You understand and agree that you are solely responsible for any costs incurred as a result of incorrect dates or data that you input in connection with our Services. You further understand and agree that we are not and shall not be held responsible for any costs incurred as a result of incorrect dates or data input by you under any circumstances.
(k) Travel Insurance; Passports and Visas. Travel insurance, which provides cancellation coverage, medical coverage and protection against lost or damaged luggage, is not included in the prices quoted to you on our Websites and is strongly recommended. Passports and visas are solely your responsibility.
(l) Contact details. If you fail to provide your correct email address and telephone number with country code, we will not be responsible and you will not attempt to hold us responsible for the failure to receive documents and messages concerning the status of your reservation. In all cases, we reserve the right to cancel reservations when we are unable to contact you if necessary.
Section 2. Additional Terms and Conditions.
Some of our Services may be subject to additional posted terms and/or conditions. Your use of those Services is subject to those additional terms and/or conditions, which are hereby incorporated into these Terms by reference. In the event of any conflict or inconsistency between these Terms and any additional posted terms and/or conditions, the provisions of the additional terms and/or conditions shall control.
Section 3. Intellectual Property Rights; Restrictions and Licenses.
(a) We may include any combination of (i) our own sourced content, (ii) content that our partners or providers create and allow us to use, and (iii) content created by our users, including you. You acknowledge and agree that all materials published on the Websites are protected by applicable copyright and/or trademark law. For purposes of clarity, such materials include without limitation, photographs, marks, logos, written content, illustrations, graphics, images, sound or video clips, and Flash animation, whether owned by us or our partners. You may not modify, sell, license, transfer, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Websites in whole or in part. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on our Websites or within our Services are registered and/or common law trademarks of Company and others. Nothing set forth in these Terms grants you, by implication or otherwise, any license or right to use any of such Trademarks without our written permission or the third party owner of such Trademark. Use of the Trademarks by you is strictly prohibited. We will aggressively enforce our intellectual property rights in the Trademarks to the fullest extent of applicable law.
(b) You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Websites ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable, license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on the Websites, and (ii) distributing Your Content, either electronically or via other media, to users and our partners seeking to download or otherwise acquire it. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Section 4. Content Disclaimer.
You acknowledge and agree that the Websites contain content that we create as well as content provided by third parties. This content includes, among other things, product and service reviews, endorsements, and advertisements. It also includes information about products and services offered by parties other than us, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, the integrity, or the quality of the content on the Website, and you may not rely on any of this content. We undertake to keep all content provided through our Services up to date and accurate, but we cannot guarantee in all circumstances that such content is up to date and accurate and explicitly disclaim any obligation to do so. There may be circumstances where an advertised Service is not available or the terms for such Services have been modified for reasons beyond our control. We will inform you of any such circumstances as soon as commercially practical, but shall in no circumstances have any liability arising from such unavailability or modification. Additionally, and without limitation to the above, we are not responsible for postings by users in the user opinion, message board, or feedback sections of the Websites, if any, nor are we responsible for the content of any articles on the Websites that are written by third parties. You acknowledge and agree that you may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content or being exposed to such content. We have the right, without obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Section 5. Third-party websites, products, and Services.
(a) The Websites may contain links to other Internet websites owned by third parties. Your use of each of those websites is subject to the conditions, if any, that each of those websites has posted. You acknowledge and agree that we have no control over websites that are not ours, and we are not responsible for any changes to and/or content on them. Our inclusion on the Websites of any third-party content or a link to a third-party website is not an endorsement of that content or third-party site.
(b) Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
Section 6. Our Paid Services.
Many of the Services we offer require you to pay a fee or charge, as described in the specific conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. By using our paid Services and/or clicking on the “I Agree” button in any order you submit for our Services, you are agreeing to be bound by these Terms and you authorize Company to charge your credit card for the payment amount indicated on the payment webpage of Website with respect to the Services you are purchasing. By clicking “I Agree” you are authorizing us to use such consent in lieu of your physical signature and that clicking “I Agree” you are responsible for complying with these Terms. An electronic copy of your acceptance of these Terms will be stored in our systems and will be used to confirm to your credit card company and/or your bank your acceptance of the payment charge.
Section 7. Communications to You.
You understand and agree that our Services may include advertisements, including those sent via your email address if you choose to provide us with such information and consent to receive such communications, and that by utilizing our Services, you agree to receive such advertisements (subject to your affirmative consent to receive same where required by law). You further understand and agree that our Services may include communications from us or from our partners to you and that these communications are considered part of the Services. To opt out of receiving communications from us via email, please email us at firstname.lastname@example.org or click on the "unsubscribe" link at the bottom of any communication you receive from us. Please be aware that we do not and cannot control the policies of any third parties who distribute any communications to you, except as otherwise provided herein.
Section 9. Registration for Use of the Websites.
(a) In some cases we may require registration prior to use of our Services. If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
Section 10. Your Use of the Services.
(a) The technology and the software underlying our Services is either owned or licensed by Company, our affiliates, operators, providers, parent companies, and/or partners for its exclusive use, subject in all cases to all applicable private and public licenses with respect to same. You agree not to sell, assign, distribute, reverse engineer, copy, modify, rent, lease, loan, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Services. You agree not to modify the software underlying the Services in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
(b) Without limiting the prohibitions set forth in Section 10(a) above, you agree that you will not use the Services to (i) transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; (ii) publish, post, upload, e-mail, distribute, or disseminate (collectively, "transmit") any offensive, inappropriate, profane, defamatory, infringing, vulgar, sexually explicit, obscene, indecent, or unlawful content or any hate speech (e.g. racist/discriminatory speech); (iii) transmit files that contain viruses, corrupted files, spyware, trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, the Services, any software or hardware, or telecommunications equipment; (iv) advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others; (vi) download any file that you know or reasonably should know cannot be legally obtained in such manner; (vii) collect or store personal information about other end users; (viii) restrict or inhibit any other user from using and enjoying any public area within the Websites; (ix) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material comprising a portion of the Services; (x) interfere with or disrupt the Services, servers, or networks; (xi) impersonate any person or entity, including, but not limited to, a Website representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (xii) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Services or to manipulate your presence on the Websites; (xiii) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or (xiv) engage in any illegal activities.
(c) You agree to use our public forums available on the Websites (each, a “Forum”) only to send and receive messages and materials that are proper and related to that particular Forum.
(d) Unauthorized access to the Services is a breach of these Terms and a violation of the law. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, except those automated means that we have approved by us in advance and in writing.
(e) In all cases, use of the Services is subject to existing laws and legal process and you should comply with such laws and legal process at all times. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.
Section 11. Termination, Suspension and Other Rights of the Website.
(a) We at all times have the right, without obligation, to take certain actions with respect to the Services and your use of the Services in our sole and absolute discretion at any time and for any reason without giving you any prior notice, including, without limitation, the right to (i) terminate, suspend, or otherwise restrict your access to all or any part of our Services; (ii) remove, refuse, or move any material that you submit to the Websites for any reason; (iii) remove, refuse, or move any content that is available on the Websites; (iv) deactivate or delete your accounts, if any, and all related information and files in your account; and (v) establish general practices and limits concerning use of the Services.
(b) You agree that under no circumstances whatsoever will we, or our partners, affiliates, operators, or parent companies be liable to you or any third party for taking any of the actions set forth in Section 11(a) above for any reason or no reason at all. You further agree to refrain from bringing any action against us, or our parents, affiliates, operators, or partners for our taking any of the actions set forth in Section 11(a) above for any reason or no reason at all.
Section 12. Requests to Remove Content from the Website.
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our Copyright Notice.
Section 13. Indemnification.
Section 14. Disclaimer; No Warranties.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE WEBSITES. THE WEBSITES, THE CONTENT OF THE WEBSITES, AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS OR PROVIDERS MAKES ANY WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITES, ANY CONTENT THEREON, OR ANY OF OUR SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER WE NOR OUR PARTNERS, AFFILIATES, OPERATORS, OR PARENT COMPANIES SHALL BE LIABLE FOR ANY INJURY, LOSS, DEATH, INCONVENIENCE, DELAY OR DAMAGE TO PERSONAL PROPERTY IN CONNECTION WITH THE PROVISION OF OUR SERVICES OR THE USE OF THE SERVICES OF THIRD PARTIES IN CONNECTION WITH OR PURCHASED THROUGH OUR SERVICES FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ACTS OF GOD OR FORCE MAJEURE, ILLNESS, DISEASE, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY EXCEED FIVE DOLLARS ($5.00). THIS LIMITATION IS OUR CUMULATIVE TOTAL LIABILITY FOR ANY AND ALL LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE WEBSITES, OR ANY INFORMATION OR MATERIALS ACCESSIBLE THROUGH SUCH WEBSITES, AS WELL AS THE SERVICES PROVIDED BY OUR THIRD PARTY PARTNERS. WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO THE UNITED STATES IS SAFE, ADVISABLE OR WITHOUT RISK, AND SHALL NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO THE UNITED STATES.
You acknowledge and agree that there are certain inherent risks in travel to THE UNITED STATES. YOU ASSUME all such risks with regard to these AND ANY SIMILAR possibilities.
Section 15. Remedy and Arbitration.
IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US OR A THIRD PARTY WITH RESPECT TO THESE TERMS OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OR AS OTHERWISE SPECIFIED IN THE TERMS.
These Terms shall be construed in accordance with the laws of the State of New York, United States of America. In the event of any dispute or controversy arising from or in connection with these Terms or in connection with any of the Services, including with respect to breach, termination, validity and/or interpretation, Company and you hereby agree to compulsory and binding arbitration conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified or supplemented from time to time. The number of arbitrators shall be one and the language to be used in the arbitral proceedings shall be English. You agree to defend and indemnity the Company Parties from and against any claim, cause of action, or demand (including reasonable attorney fees related thereto) brought by any third party in connection with your use of the Services.
Section 16. Miscellaneous.
We may be required by applicable law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Websites or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Unless otherwise prohibited by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements that you may have with us.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Section 17. Modification of Terms.
At any time and without notice to you, we may modify these Terms by posting revised Terms on the Websites. Your use of the Websites constitutes your unconditional and binding acceptance of these Terms, including any amendments, revisions, alterations, modifications and/or supplements that we make from time to time in accordance with the provisions of hereof.
Section 18. Contacting Company.
If you should have any questions or comments regarding these Terms or the Services, you can contact Company at email@example.com.