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Terms of Use

 

These terms and conditions (the “Terms of Use”), apply to the entire contents of the Website under the domain name www.pembrookeandives.com and related subdomains (the “Website”), including any functionality and services offered on or through the Website, and to any correspondence by the Company (as defined below), you and any other users (each, a “User”).

 

Please read these Terms of Use carefully before using the Website. By using the Website, you are agreeing to be bound by the Terms of Use regardless of whether you subscribe to us, by using our Website. If you do not accept these terms and conditions, do not use the Website. These Terms of Use are issued by Pembrooke & Ives, Inc., a New York corporation (the “Company”, “Pembrooke, “we”, “our” or “us”).

 

By using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept the Terms of Use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify the Company for violations of these Terms of Use.

 

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. 

 

Ownership of this Website and its Content

 

This Website is owned and operated by the Company. Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by the Company or its content providers (“Content”). All Content is protected by U.S. and international copyright laws.

 

Proprietary Rights

 

All elements of this Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly provided under the Terms of Use or another written agreement with the Company, no portion of element of this Website or its Content may be copied or retransmitted via any means and this Website, its Content and all related rights shall remain the exclusive property of the Company or its Content providers unless otherwise expressly agreed in writing. Content (including photographic images) acquired by the User via the Website may only be used by the User for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you.

 

Use of the Content

 

This Website and the Content are intended for clients and potential clients of the Company. You may not use this Website or the Content for any purpose not related to your business with the Company. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with the Company; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Company product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

 

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. The Website may contain photographs of third party designs and trademarks which are protected by intellectual property laws and which cannot be used or reproduced, in whole or part, without the prior written consent of the owners, or their authorized licensees, of such intellectual property. None of the (i) persons whose images appear, or (ii) owners of rights relating to locations which appear, in any of the Content on this Website have consented in writing to the use of their image, identity or location, as the case may be, for any commercial purpose and the User is responsible for obtaining any written consents for commercial use of such images, identity, or location.

 

Trademarks

 

The Company trademarks, including “PEMBROOKE & IVES”, and any other product or service name or slogan contained in the Website are trademarks of the Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing any name, trademark or product or service name of the Company without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

Links

 

You may not use the Company logo or other proprietary graphic of the Company to link to this Website without the express written permission of the Company. Further, you may not frame any of the Company trademark, logo or other proprietary information, including the Content, without the Company’s express written consent. The Company makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. Such sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that the Company shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

 

Copyright Complaints

 

The Company takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.  If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices can be contacted at:
operations@pembrookeandives.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Accessibility

The Company is committed to facilitating and improving the accessibility and usability of this Website. The Company strives to ensure that its Website services and content are accessible to persons with disabilities including users of screen reader technology in-line with the Web Content Accessibility Guidelines (WCAG), which also bring the Website into conformance with the Americans with Disabilities Act of 1990.

Please be aware that our efforts to maintain accessibility and usability are ongoing. While we strive to make the Website as accessible as possible some issues can be encountered by different assistive technology as the range of assistive technology is wide and varied.

If, at any time, you have specific questions or concerns about the accessibility of any particular web page on this Website, please contact us. If you do encounter an accessibility issue, please be sure to specify the web page and nature of the issue in your email and/or phone call, and we will make all reasonable efforts to make that page or the information contained therein accessible for you.

 

No Warranties

 

This website and the content are provided “as is” and the company and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The company will not be liable for any damages of any kind arising from the use of this website or the content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this website are not warranted to be uninterrupted or without error. You, not the company, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the content. We make no warranty that the website or the content is free from infection by viruses or anything else that has contaminating or destructive properties.

 

The Company uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

 

Limitation of Liability

 

In no event shall the company or any content provider be liable to user or anyone else for any incidental, consequential, special or indirect damages (including, but not limited to, lost profits or damages that result from inconvenience, delay or loss of the use of the materials, products, or service) arising out of or related to this website, the content or agreement, even if the company or such content provider has been advised of or is otherwise aware of the possibility thereof, except as limited by applicable law. The maximum aggregate liability of the company for all claims arising out of or relating to the website, the content or the terms of use, regardless of the form or cause of action, shall be the lesser of the amount user originally paid for the service, content, products or materials or one hundred us dollars (us$100). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, the company’s liability shall be limited to the greatest extent permitted by law. User may not assert any claim or bring any action of any kind relating to or arising out of the agreement more than one (1) year after the date of the occurrence of the event that gave rise to the claim or cause of action.

 

Indemnity

 

User agrees to indemnify, defend and hold the Company and its Content providers harmless from and against any and all claims, losses, liability, cost, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from User’s violation or breach of the Terms of Use, any service agreement and any third party’s rights, including, but not limited to, copyrights, proprietary and privacy rights, intellectual property rights or any applicable federal, state or local law, regulation or ordinance. User’s obligations under this Section will survive the termination of any relationship with the Company.

 

Termination of Access

 

The Company reserves the right to deny or terminate User’s access to or use of this Website, any service, product, or material, or any portion thereof, in the Company’s sole discretion, without notice and without limitation, for any reason whatsoever, including, but not limited to, User’s breach of any provision of the Terms of Use or any applicable service agreement or discontinuance of the Company’s access to any product or material. In the event of any such termination by the Company, the Company shall have no liability to User.

 

Changes to Terms of Use

 

The Company reserves the right to change or amend the Terms of Use at any time upon prior notice posted on the Website. Continued use of the Website after the posting of such notification, constitutes the User’s consent to the changed or amended terms of the Terms of Use.

 

Governing Law, Jurisdiction and Venue

 

All matters related to the Website and these terms and conditions (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with New York law, without regard to principles of conflicts of law. Disputes arising in connection with the Website and these terms and conditions shall be submitted to arbitration in New York City, New York before a single arbitrator of the Judicial Arbitration & Mediation Services, Inc. (“JAMS”). The arbitrator shall be selected by application of the rules of the JAMS, or by mutual agreement of the parties. You agree not to challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

By agreeing to this section, you understand that the right to sue in court and have a jury trial is waived.

 

Unlawful Activities Prohibited

 

The Company makes no representation that the Content, products, or services available on this Website are lawful, appropriate or available for use in locations outside the State of New York or the United States, and accessing them from jurisdictions where the same or their content is illegal is prohibited. Any User who chooses to access this Website from a location outside the United States does so on User’s own initiative and is responsible for compliance with local laws.

 

Unlawful Purposes, Unwanted Materials, Offensive Content and Disabling Code

 

Transmission, distribution or conduct in violation of any applicable local, state, federal or foreign law or regulation is prohibited. This includes, without limitation, any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right or material that is obscene, constitutes an illegal threat or harassment or violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law. Transmission, distribution or storage of unwanted materials, offensive content and disabling code is prohibited.

 

Unauthorized Services and Functionality

 

Any action to defeat or disable, or conduct that facilitates defeating or disabling, any functionality of the Website or alters the look, feel or functionality of the Website or user interface is prohibited. This includes, without limitation, altering or blocking the display of any advertisement, banner or other promotional materials appearing on the Website. If the User uses the Website, the Content, the services or products for any unlawful or illegal purpose, User shall indemnify and hold harmless the Company for all losses, costs and expenses incurred by the Company as a result of such use.

 

Severability and No Waiver

 

If any provision of this Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder of the Terms of Use shall remain in full force and effect.

 

Any failure of the Company to enforce any provision of the Terms of Use shall not constitute a waiver of any rights under such provision or any other provision of the Terms of Use.

 

Contacting the Company

 

If you have any questions about the Terms of Use, you can contact us.