Use of the Website
Use of this Website is limited to persons 18 years of age or older. You agree and acknowledge that the Website and the content, including, but not limited to, graphics, text, video, and the like, including any third party content, and other information provided on the Website (the “Website Content”), is the sole and exclusive intellectual property of REBNY or is licensed by REBNY for use on the Website and other than certain User Content described below, the Website Content shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of REBNY or its licensors. REBNY hereby grants you a license to view the Website and the Website Content solely in accordance with these Terms. Exclusive of any third party content and subject to the above limitations, you may print a single copy of limited portions of the Website Content solely for your personal, non-commercial use. REBNY reserves the right to temporarily disable or permanently discontinue any and all functionality or your use of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately cease use of the Website.
REBNY may, in its sole discretion and at any time, modify these Terms, in whole or in part, by posting such modifications on the Website. Your continued use of the Website following the posting of such changes will operate as an acknowledgement of your acceptance of the then current Terms.
REBNY will terminate your account and/or limit your use of the Website if REBNY determines, in its sole discretion and under appropriate circumstances, that you are a repeat infringer of these Terms. REBNY will also suspend or terminate your account if ordered to do so by a court.
REBNY’s Privacy Statement, which is hereby incorporated into these Terms, contains additional information about how your information (including information not publicly viewable) will and will not be used.
Disclaimer of Warranties and Limitation of Liability
(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REBNY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. REBNY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL REBNY, ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, FROM OTHERS USING THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT REBNY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM REBNY OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATION ABOVE, REBNY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST REBNY AND REBNY INDEMNITIES.
(c) Exclusions and Limitations: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of REBNY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless REBNY, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers from any claims, losses, damages, expenses, demands, and costs (including, without limitation, reasonable attorneys’ fees), arising out of or relating to your use of the Website or your posting of User Content.
Third Party Links
The Website may contain hyperlinks ("Links") to other websites, or advertising or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Links and Advertising may be made available to assist you, the user. REBNY does not control such Links or Advertising. REBNY MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM.
Inclusion of such Links or Advertising does not imply any endorsement by REBNY, including but not limited to opinions, statements, information, individuals or entities referred to on such Links or Advertising or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other websites may also have a hyperlink to this Website; REBNY is not, and you agree that REBNY is not, responsible for the content of any such website or the actions of any operator of any such website.
Viruses and Malware
REBNY recommends that you install appropriate defenses against viruses and other malware before you download any information from or otherwise interact with this Website. REBNY shall not accept any liability whatsoever for any virus or malware contracted as a result of visiting this Website and will not be liable for any claim, loss, damage, costs or expenses incurred by any person as a result of the presence of a virus or malware on this Website.
Choice of Law and Jurisdiction
By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and REBNY or its affiliates. In addition, you agree to submit to the exclusive jurisdiction of the courts of the State of New York in New York County for any action pursued concerning these Terms or your use of the Website.
REBNY intends that the Website will be viewed by U.S. persons. This should not be viewed as a solicitation or offer of services in any jurisdiction in which REBNY is not qualified to do business. It is provided for informational purposes only.
Limitation on Time to File Claims