Terms of Service – All of Manhattan

Last updated 14 January 2022

AllofManhattan.com

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General

Please read these Terms of Service carefully before you start to use the Website. All of Manhattan LLC (“Company”, “we” or “us”) owns this website (the “Site”). The terms “you” and “User” refer to anyone who uses, visits and/or views the website.

By using the Site, you accept and agree to be bound and abide by the Terms of Service that follow and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Company.

We reserve the right to amend or modify these Terms of Service at any time without notice, and will post on the Site a new copy of the Terms of Service with the current date under “Last Updated” at the top of the page.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. Your continued use of the Site after the Terms of Service have been updated constitutes your acceptance of any changes to the Terms of Service.

IF YOU DO NOT AGREE TO COMPLY WITH THESE OR ANY FUTURE TERMS OF SERVICE, DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SITE.

It is your responsibility to periodically check the website for updates.

Age and United States Use Only

Everything on this website is intended for individuals age 18 and older. Children, as defined in our Privacy Policy, are prohibited from using AllofManhattan.com

Our Site is a public website, so we are not able to stop specific individuals, including children, from accessing our Site. As such, we ask that you monitor your children’s access to the Internet. We cannot be responsible for the actions of your children or the results thereof.

We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.

Privacy Policy

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms of Service. Please review our Privacy Policy and the Terms of Service for more information.

While using the Site, you may provide certain personally identifiable information, such as your name, email address or IP address. By using our Site, you are consenting to have your personal data collected, used, transferred to and processed in the United States, and you warrant that all data provided by you is accurate.

Disclaimer

Your acceptance of our Disclaimer is expressly incorporated into these Terms of Service. Please review our Disclaimer for more information.

Intellectual Property Rights

All content on this website including but not limited to text, posts, logos, marks, photographs, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws, with the exception of any content from others that we are lawfully permitted to use.

The Site is provided solely for your personal noncommercial use. You may download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us in writing.

More specifically, you may not modify, copy, duplicate, steal, publish, display, reproduce, store, transmit, republish, upload, post, translate, sell, create derivative works, exploit, reverse engineer, sell, rent, license or distribute in any manner or medium (including by email or other electronic means) any part of the Content to anyone, without prior written permission.

To request written permission, please email: publisher@allofmanhattan.com

Linking to Our Website

You may provide links to our Site as long as

you clearly give credit to us as the author,
you include a hyperlink to our Site,
you do not remove or obscure any portion of our Site by framing or otherwise,
your website does not engage in illegal or pornographic activities, and
you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent, and you must cease providing links to our Site immediately upon our request.

Accuracy of Information

We make every effort to provide only complete and accurate information; however, the Content appearing on the Site may include technical, typographical, informational, or photographic errors.

The Site does not warrant that any of the Content on its website is accurate, complete, or current. The Content on the Site is provided ‘as is’ and is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

The Company may make changes to the Content contained on the Site at any time without notice. The Company does not, however, make any commitment or guarantee to update the Content.

Part of this Site contains materials submitted to All of Manhattan LLC by Third Parties. It is the responsibility of these Third Parties to ensure that the materials submitted for inclusion on this Site comply with national laws and with relevant foreign laws.

We cannot guarantee the accuracy or reliability of Content, either created by us or by Third Parites, and we hereby disclaim any responsibility for error, omission, or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence, or damage caused by reliance on any material contained within the Site. We shall not be liable for any damages or harm.

Should you find any inaccurate information on the Site, please inform us at publisher@allofmanhattan.com and we shall correct it as soon as it is practicable to do so.

Links to Third Party Websites and Services

The Site may contain links to Third Party websites, advertisers, services, special offers, or other events or activities for your convenience. We do not own or control these Third Party websites. The inclusion of any link does not imply endorsement by the Site.

When you click on such a link, you will leave our Site. It is your responsibility to realize you are leaving our Site as you will not be warned or notified. If you access a Third Party website from the Site, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such sites.

Your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. We cannot accept responsibility for any failure or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation, or cessation of trade of any company, individual or firm referred to herein. We shall not be liable for any damages resulting from your use of these Third Party websites or resources.

Affiliate Links

We may have a financial arrangement with some of the Third Party websites and merchants we mention, and we may offer their products or services, or include advertisements for their products or services on the Site. The Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link. Thank you for doing so, as it helps us to continue working on this blog.

Our editorial content, including the opinion we express on products, services and merchants is not influenced in any way by advertisers or affiliate partnerships. We only endorse products, services and merchants that we have personally used/tested and consider of the highest quality standard.

User Content

You may be provided with the ability to upload, display, post, transmit, send, email, text, deliver or otherwise submit to us on the Site or on any of our social media sites or at our postal address, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “User Content”).

You expressly acknowledge and agree that once you submit User Content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such User Content, including, without limitation, any personally identifying information that you may make available.

For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance to our Privacy Policy.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you leave a comment on our Site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

Your comment may be checked through an automated spam detection service.

You acknowledge that Company has no obligation to pre-screen Content (including, but not limited to Third Party Content and User Content), although we reserve the right to pre-screen, refuse or remove any content that we determine to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of intellectual property laws or these Terms of Service.

Under these Terms of Service, you hereby consent and agree that you will never revoke such consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content.

In the event that Company pre-screens, refuses or removes any User Content, you acknowledge that Company will do so for All of Manhattan LLC’s benefit, not yours. Without limiting the foregoing, Company shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable.

We are not obligated to back up User Content, and your User Content may be deleted at any time without prior notice. We recommend you store backup copies elsewhere.

For any User Content you submit to us, you warrant that you are the owner of that content or have express permission from the owner of those intellectual property rights to use and distribute that content to us, and that you are eighteen years of age or older.

You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the Site or on any of our social media sites or at our postal address any material or content that is:

illegal, unlawful, violates or infringes upon the rights of others, including privacy or intellectual property rights
personal information about others, particularly sensitive information,
confidential, proprietary or unauthorized material,
false, misleading, fraudulent, defamatory, abusive, harassing, offensive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening material,
encouraging or advocating conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
any kind of malicious computer software, not limited to spyware and computer viruses, or anything else that would cause a disruption to the operation of the Site not limited to scripts that automatically download content, or allow any unauthorized access to any portion or feature of the Site,
commercial solicitation or ‘spam’, not limited to insert advertising, branding, or other promotional content, and
any other harmful information that is actionable by law.

Without limiting the foregoing, you acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

comply with legal process, applicable laws or government requests;
enforce this agreement;
respond to claims that any content violates the rights of third parties; or
protect the rights, property, or personal safety of Company, its users and the public.

You understand that the technical processing and transmission of the Site, including User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree that you shall not be entitled to any monetary compensation in connection with User Content.

You, and not us, are entirely, and solely, responsible for all the User Content you submit to us. You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the User Content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the User Content you submit to us.

Under no circumstances will Company be liable in any way for any of your User Content, the User Content of other users, or content of any Third Parties, including, but not limited to, for any errors or omissions in any content, timeliness, deletion, mis-delivery, or failure to store any content, communications or personalization settings, or for any loss or damage of any kind incurred as a result of the use of or inability to use any such content.

You acknowledge that your communications with other users via the Site are public and not private communications, and that you have no expectation of privacy in respect of such communications.

You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that Company shall not be liable for any damages you allege to incur as a result of such User Content.

We do not claim ownership rights of the User Content you submit to us. However, you hereby grant to us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else authorized by us a non-exclusive, fully paid and royalty-free, worldwide, perpetual, irrevocable, unrestricted right and license to publish, post, reformat, copy, modify, compile, use, display, edit, transmit, sell, record, synchronize, translate, format, create derivative works from, distribute, combine with other content, publicly perform or display such material, and to otherwise use or exploit (including for profit) in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose such User Content and all intellectual property and moral rights therein. The foregoing grant shall include the right to exploit any proprietary rights in such User Content, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

Prohibited Use

You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.

In addition to other prohibitions listed in these Terms of Service, you are also prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable, or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the Content available on the Site.

Non-Guarantee of Results

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Site or not. The Company provides Content and resources that are intended to inform users of this Site. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in the Site are no guarantee that you or any other person or entity will be able to obtain similar results.

Limitation of Liability

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other losses, claims, or damages resulting from your use of this Site or inability to use this Site, including but not limited to all the Content, User Content, information, products, services and graphics presented here, even if we are advised beforehand of the possibility of such damages.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user.

If you are dissatisfied with the Site, the Site Content, the User Content, or any materials, products, or services of the Site, or with any of the Site’s Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site and the products, services and/or Content.

You expressly agree that your use of the Site is at your sole risk and that you are solely responsible for the accuracy of the personal information and any content you provide, and for the outcome of your actions, personal and business results, and for all other use in connection with the Site.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from:

any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the Site, website attacks including computer virus, hacking of information, and any other system failures;
any loss of income, use, data, revenue, profits, business or any goodwill related to the Site;
any theft or unauthorized access by third party of your information from the Site regardless of our negligence; and
any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney fees, related to your violation of these Terms, your use of our Site or your infringement of any intellectual property or other right of any person or entity.

Termination and Access Restriction

The Company reserves the right, in its sole discretion, to refuse, remove, restrict your access, revoke and terminate your use of our Site and the related services or any portion thereof, including any or all Content published by you or us at any time for any reason, without notice. You hereby consent to resolve any and all disputes arising under or related to this Site or the Terms of Use pursuant to the Arbitration Clause below. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Mandatory Arbitration and Governing Law

If you have any questions, complaints or claims with respect to the Site, please contact us first at All of Manhattan LLC, xxxx, ATTN: Legal, or via email at: legal@allofmanhattan.com and we’ll do our best to address your concerns.

THE PROVISIONS OF THIS SECTION APPLY TO ANY USERS OF THE SITE, WHETHER AUTHORIZED OR UNAUTHORIZED. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Any and all disputes between you and us and our employees, agents, successors, or assigns, regarding or relating to the Site or this Terms of Service shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
You are giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury.
You and we must abide by the following rules

(a) any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding;

(b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief;

(c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;

(d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;

(e) the arbitrator shall honor claims of privilege and privacy recognized at law;

(f) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction;

(g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and

(h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Further, claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in New York, New York.

Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within New York, New York for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of Sections (4)(a) and (4)(b) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with these Terms of Service, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

If, however, either Section (4)(a) or (4)(b) above (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be void, and neither you nor we shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in New York, New York.
Notwithstanding any provision in the Terms of Service to the contrary, if we seek to terminate the Dispute Resolution section as included in the Terms of Service, any such termination shall not be effective until thirty (30) days after the version of the Terms of Service not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provided All of Manhattan LLC with written notice prior to the date of termination.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website. For more information on JAMS, it’s Rules and Procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website.
Any and all controversies, disputes, demands, counts, claims, or causes of action between you and All of Manhattan LLC and our employees, agents, successors, or assigns, regarding or relating to this Agreement or the Services shall exclusively be governed by the internal laws of the State of New York, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Cap on Liability

UNDER NO CIRCUMSTANCES WILL ALL OF MANHATTAN LLC BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).

Assignment

The Terms of Service, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign this Agreement, and subcontract, delegate or otherwise transfer its rights and obligations hereunder, without your consent.

Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemics, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Consumer Complaints

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Entire Agreement

These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this Site to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

Severability

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

Contact Us

If you have questions or comments regarding our Terms of Use, you may reach us at:

All of Manhattan LLC
xxx
xxxx

Email Address: publisher@allofmanhattan.com