Terms and Conditions

Terms of Use:

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

Use of the Website—By accessing the website, you acknowledge that you have read, understood, and agreed to the terms outlined in Terms of Use. If you do not agree to any terms herein, please do not use the website.

Trademarks—The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of NOAM NEW YORK. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner.

External links—External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. The content of such External Links is provided by the respective website owners. Use or reliance on any external links and the content thereon provided is at your own risk.

Warranties—THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE DISCLAIM ALL WARRANTIES (IMPLIED OR EXPRESSED), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS; (II) WE SHALL NOT BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, WHETHER BASED ON ANY LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (III) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO WHAT YOU HAVE PAID US.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR PRICING ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE PLATFORM AT ANY TIME WITHOUT NOTICE.

Indemnification—You agree to indemnify and hold us harmless from and against any claims, including, but not limited to, reasonable legal fees, arising from your breach of this Agreement. We shall provide notice to you of any such claim.

Conflict of terms—If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

Severability—Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

Applicable laws—Use of this website shall in all respects be governed by the laws of the state of [insert your state], U.S., regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the [insert state] courts located in [insert county] county, [insert state], shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

Binding Arbitration—In the event of a dispute arising under or relating to this Agreement, either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York.  The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

Class Action Waiver—You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.