Revised as of July 3, 2014
Legal Agreement; Revisions
These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations. By accessing or otherwise using the Site, you: (i) acknowledge that you have read and understand, and are agreeing, on your own behalf and on behalf of your minor children using the Site, to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You further acknowledge and agree that your access to and use of the Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. You may not access or otherwise use the Site, and you should discontinue these activities immediately, if you: (a) do not agree to these Terms; or (b) are prohibited from accessing or using the Site by applicable law.
It is our intention to operate the Site in the manner described in these Terms. We do, however, reserve the right to change the Terms at any time, for any or no reason at our sole discretion and without notice, simply by posting such changes or revisions on this page. Your continued use of the Site after a posted change in these Terms signifies your acceptance of any such change. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. In the case of any violation of these Terms, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise. Your failure to follow these Terms may result in suspension or termination of your access to the Site, without notice, in addition to other available remedies.
You can address your questions or concerns regarding these Terms to firstname.lastname@example.org.
We respect your privacy and share your concern about its protection. Our
Website Privacy; Opting Out
You may be asked to provide personal data in using the Site, such as in the Contact Us form. We can assure you this information is used only by us or on our behalf, to provide you information that we believe will be of interest to you. If you wish for us not to contact you, do not fill out the Contact Us form, or, if you have previously submitted such a form, use the Unsubscribe link included in a previous email from us or email us at email@example.com to request that you opt out of future communications.
When you browse our Site, you do so anonymously. We do automatically log your IP address (the Internet address of your computer), the web pages you visit, and the time of your visit, but we do not link this information to anything that could identify you personally. This information helps us understand how the Site is being used and which parts of the Site are of most interest to those who use it.
Once you provide your personal information through the Contact Us form, including, but not limited to, your name and e-mail address, we have measures in place to protect the security of this information. However, unfortunately, no transmission of data over the Internet, and no system for storage of physical data, is guaranteed to be completely secure. It may be possible for hackers or other third parties not under our control to intercept or access private communications unlawfully. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit or otherwise provide to us. Any transmission or other provision of information is done at your own risk.
Intellectual Property Rights
We and/or our affiliates, service providers, vendors, contractors, sponsors, advertisers, licensors and/or licensees are the owners or licensees of all content and materials comprising or displayed on the Site, including, but not limited to, designs, logos, text, images and all other original works of authorship, and of all related intellectual property rights, including all copyrights, moral rights, trademark rights, trade dress rights, rights of publicity and patent rights therein or thereto. The entire Site is the subject of a copyright as a collective work and elements of the Site are the subject of copyrights as individual works, under the United States and other copyright laws. The collective work may include works that are licensed to us.
All of our trademarks, service marks and trade names used on or in connection with the Site (including NAFTALI GROUP, STRIBLING MARKETING ASSOCIATES) are trademarks and the exclusive property of Naftali and/or Stribling. Unauthorized use of any of our trademarks, or of any word, term, name or symbol that dilutes, or is likely to cause confusion or mistake with respect to, our trademarks is strictly prohibited by law. All other trade names, trademarks and service marks that appear on the Site are the property of their respective owners.
Such materials and trademarks may not be copied, reproduced, transmitted, displayed, performed, distributed, licensed, altered, or otherwise used in whole or in part in any manner without our prior written consent, except as otherwise permitted by law.
By accessing or otherwise using the Site, you do not acquire any ownership interest in the Site or any content or materials, including, but not limited to, designs, logos, text, images and other original works of authorship or intellectual property comprised thereof or displayed thereon.
Restrictions; Prohibited Conduct
You may access or otherwise use the Site only for your personal, non-commercial use, on a single computer or other Internet-compatible device.
You warrant and agree that, while accessing or using the Site, you will not yourself, and will not induce, assist or cause others to, directly or indirectly, for any purpose and by any means or in any form or medium whatsoever:
- download, archive, store, copy, reproduce, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of the Site;
- access, use, license, sell, transfer, disclose, publish, transmit, display, distribute, provide or permit access to, in any way for any public or commercial purpose, the Site or any modifications, adaptations, translations, summaries, abstracts, derivative works or materials thereof;
- collect, compile or recompile any Site content, including any photographs, logos, images, descriptions, or other data, information or content obtained or derived from or through the Site;
- impersonate any person or entity or misrepresent your affiliation with any person or entity, whether actual or fictitious, including anyone associated with the Site, us, or anyone affiliated with us;
- insert your own or a third party’s advertising, branding or other promotional content into the Site;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including any information residing on any server or database connected to the Site;
- use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including sending mass unsolicited messages or “flooding” servers;
- use the Site in violation of our intellectual property or other rights, or the rights of any third party;
- use the Site in violation of any applicable law or for any unlawful purpose;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site; or
- post, transmit, submit, publish or otherwise disseminate through the Site any material that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, false, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation or any of our respective officers, members, employees, representatives, licensors, service providers, suppliers, visitors or users in any way; (iii) is harmful to children in any manner; (iv) is for the benefit of any third party; (v) is for purposes of any public or commercial use or exploitation, including use by or for the benefit of any of our competitors; (vi) consists of or contains any viruses, bugs, worms, Trojan horses or other harmful computer code; (vii) contains any impersonation, misrepresentation of your identity; or (viii) consists of or contains any commercial solicitation, mass mailing, junk mail, spam, chain letter or political campaign material.
Naftali and Stribling administer, control and operate the Site from our offices in the State of New York, the United States of America. The Site is accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no warranty or representation that the Site, or certain pages of the Site, are appropriate, authorized or available for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access or otherwise use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.
We make no warranties of any kind, express or implied, regarding the Site, including, but not limited to, any warranty of accuracy, completeness, currency, reliability, merchantability, or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed. We shall have no liability to the Site’s users or any other party for any damages of any type, whether direct or indirect, incidental, special, or consequential, or costs whatsoever, resulting from or related to the use of the Site. We are not liable for any errors, omissions, or inaccurate information featured on the Site. It is your responsibility to review the information and determine its accuracy and applicability to you as an individual.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF CONDITION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR USEFULNESS OF THE SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW.
WE DO NOT WARRANT THAT THE SITE, ANY SERVERS HOSTING THE SITE, OR ANY COMMUNICATION SENT BY US OR ON OUR BEHALF, ARE OR WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, DISABLING DEVICES, INACCURACIES, ERRORS, DEFECTS OR OTHER HARMFUL COMPONENTS, OR OTHERWISE MEET YOUR REQUIREMENTS, OR THAT YOU WILL HAVE SECURE, TIMELY, CONTINUOUS OR UNINTERRUPTED ACCESS TO OR USE OF THE SITE OR ANY SITE CONTENT, OR THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SITE WILL BE CORRECTED. YOUR USE AND ACCESS THE SITE AT YOUR OWN RISK AND DISCRETION. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, BUSINESS OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, OR OTHER USE OF, THE SITE. YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES, INCLUDING ANY LOSS OF OR DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR DATA THAT MAY RESULT FROM YOUR ACCESS AND USE OF THE WEB AND ANY SITE CONTENT, AND FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT.
NO ADVICE, RESULTS, STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ON OUR BEHALF OR THROUGH THE SITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ALL USE OF THE SITE.
Your Liability and Indemnity Obligations
You are solely responsible and liable for: (a) any breach of your representations, warranties, covenants or obligations under these Terms and for the consequences of such breach, including any resulting loss or damage incurred by us or third parties; and (b) any and all actions and omissions by any of your personnel and/or other persons and entities under your control or for whose actions you may otherwise be held liable (it being understood and agreed that all such third party actions and omissions, which, if committed by you would constitute a breach of these Terms shall constitute a breach hereof as if directly committed by you).
You agree to defend, indemnify, and hold harmless Naftali, Stribling, our affiliates, licensors, service providers, and each of the foregoing persons’ and entities’ respective officers, directors, employees, representatives and agents, and all others involved in creating, promoting, or otherwise making available the Site or any of the Site content, and each of their respective successors and assigns, from and against any and all claims, actions, demands, costs, expenses, damages, losses and liabilities, including reasonable legal and accounting fees (“Claims and Liabilities”), that arise out of or in connection with, or result from, your access to or use of the Site or any Site content, your breach of or noncompliance with these Terms, or your violation of any rights of any third party. We will attempt to provide prompt notice to you of any such Claims and Liabilities and we reserve the right to take exclusive control and defense of any claim, action or demand subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses.
Federal Trade Commission rules prohibit us from collecting any personally identifiable information from anyone under the age of 13 without parental permission. We abide by those rules. By accessing or using the Site, you represent and warrant that you are over the age of 13 or are visiting the Site under the supervision of your parent or guardian. Pursuant to 47 U.S.C. §230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website, http://www.getnetwise.org.
Modification, Suspension and Termination
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York County, New York, and the related appellate courts, in any related action, dispute or proceeding. Notwithstanding the above sentence, we shall have the right to apply for an injunction or other emergency relief in any jurisdiction.
You understand and agree that money damages would not be an adequate remedy for any breach by you of these Terms and that we shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of court costs, expenses and reasonable attorneys’ fees, if you breach or threaten to breach any provision hereof or thereof. Such remedies shall not be exclusive, shall be in addition to all other remedies available at law, equity or otherwise for your breach of these Terms, and shall be available to us without requirement that it post any bond or prove any actual damages.
We Encourage Your Comments
1700 Broadway, 16th floor
New York, NY 10019
|or||Stribling Marketing Associates
924 Madison Avenue
New York, NY 10021
These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained on the Site. These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form. If any part of these Terms is determined to be invalid or unenforceable under applicable law including the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect. Any rights not expressly granted in these Terms are reserved to Naftali and Stribling.
No failure or delay of Naftali or Stribling’s to exercise or enforce any right, remedy or privilege shall constitute or result in any loss or waiver of that, or any other, right, remedy or privilege, in whole or in part.
Survival of Terms
All provisions of these Terms that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Site or any Site content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms.
Revised as of July 3, 2014
- What personally identifiable information of yours we collect
- Who collects such information
- How such information is used
- With whom we may share your information
- What choices you have regarding collection, use and distribution of your information
- What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control
What information do we collect?
We may collect information from you on our Site, in our sales offices, by phone, by mail, by email; when you inquire about our property and residences or other goods or services offered by us; fill out a form and submit it to us in any manner; complete a survey for us; participate in a promotion sponsored by us or on our behalf; contact us; or otherwise use the Site or the Services, or provide information to us.
When using the Services or submitting an inquiry on the Site, you may be asked for information that personally identifies you, including your name, e-mail address, mailing address, telephone number and fax number (“Personal Information”). The Personal Information that you provide must be true, accurate and complete. You are responsible for keeping your information current and accurate. We may combine information we collect from and about you online with information we collect from and about you through other means. We may also combine your information with information we learn about you from other sources.
Please note that if you terminate your use of the Site or Services, we may retain your information for a reasonable period of time afterward for the purpose of recordkeeping, account management and fraud prevention activities.
Our Site is not set up to track, collect or distribute personal information not entered by visitors. However, our Site may log certain non-identifying Site usage data, such as the number of visits to our Site, information about the Internet protocol (IP) address used to connect your computer to the Internet; connection information such as browser type and version, operating system and platform; other software and hardware information; and information about your browsing behavior, such as the date/time you visit the Site, the Site pages that you visit, the time you spend visiting the Site or viewing a page, the number of times you return to the Site, and other click-stream data. We may also use third party website analytics tools (such as Google Analytics) that collect information about visitor traffic on our Site and any mobile applications. This information is used by us for internal purposes to provide better technical support and may also be provided to others for support, marketing, research or other business purposes. We treat all information of the type referenced in this paragraph as non-personal, unless required by applicable law to do otherwise. Additionally, any unsolicited information that you provide to us shall be deemed to be non-confidential, and we shall be free to reproduce, use, disclose and distribute such unsolicited information to others without limitation or attribution.
What do we use your information for?
Any of the information about you that we collect, generate, and retain may be used in one of the following ways:
- To process and respond to your communications and/or requests for Services and to keep you informed of updates regarding your inquiry
- To personalize your experience with the Site or the Services
- To improve the Site and the Services
- To provide you with targeted information, offers, promotions and advertisements
- To send periodic emails
- To protect your rights, our rights and the rights of others
- If you submit an inquiry to us, you may be automatically included in our mailing list, and may receive updates, newsletters, correspondence and other materials of this type. If you do not want to receive these communications, follow the instructions provided in the “Opting Out” section below.
- “Opting Out” of Receiving Communications from Us
If you no longer want to receive our e-mails, offers, updates on Services, or other communications, please send an email to firstname.lastname@example.org or follow the “Unsubscribe” instructions at the bottom of each email or communication. Please note that you cannot unsubscribe from certain correspondence from us, including certain messages relating to your use of the Services.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you access the Site or submit your personal information.
We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers’ database, only to be accessible by those authorized with special access rights to such systems, who are required to keep the information confidential.
Unfortunately, no transmission of data over the Internet, and no system for storage of physical data, is guaranteed to be completely secure. It may be possible for hackers or other third parties not under our control to intercept or access private communications unlawfully. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit or otherwise provide to us. Any transmission or other provision of information is done at your own risk.
Do we disclose your personally identifiable information to outside parties?
Naftali and Stribling may share your personally identifiable information with each other as well as with trusted third parties who assist us in operating the Site, providing the Services, conducting our business, or servicing you, or to our affiliates or agents, so long as those parties agree to keep this information confidential. Examples include fulfilling requests for information, analyzing data, providing marketing assistance and providing search results and links (including paid listings and links). We might also use third party tools or platforms, such as cloud services offered by Google, to process your personally identifiable information, in which case we would protect such information through use of passwords or other protection methods offered by such third parties. We also may share your personally identifiable information with affiliated businesses that we do not control but with which we engage in joint and co-branded offerings, and entities with which we may merge or which may acquire all or substantially all of our assets, as customer information likely will be one of the transferred assets.
Finally, we may share your name, address, email address and relevant information with marketers, promoters or advertisers, as permitted by law, unless you instruct us not to by following instructions in the Opt Out section above.
Do we receive any information from outside parties?
Examples of information we may receive from other sources include purchase or redemption information; page-view information from some merchants with which we operate co-branded businesses; and information from search results and links, including paid listings (such as Sponsored Links from Google).
Content and information that you submit through Facebook, Twitter, Pinterest, Instagram or other online platforms may appear on our Site through feeds from those platforms. We are not responsible for the dissemination of content or information from, or the privacy practices of, any such platform.
Third party links
It is important to note that the Site may contain links to sites other than the Site and that those sites may not follow the same privacy policies as us. These sites may send their own cookies to you, and may collect data and make uses of it that we would not. If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation.
By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them, their owners or operators, or the goods or services that they offer and/or sell, and we do not assume any responsibility or liability relating to any of the foregoing. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies. You understand, acknowledge and agree that all access to and use of any such third party website by you shall be at your own risk.
Children’s Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We will not knowingly collect any information from anyone under thirteen (13) years of age. Our Site, products and Services are all directed to people who are at least thirteen (13) years old or older. No personally identifiable information should be submitted to, or posted at, the Site by visitors under thirteen (13) years of age without the prior written consent of their parent or guardian.
1700 Broadway, 16th floor
New York, NY 10019
Stribling Marketing Associates
924 Madison Avenue
New York, NY 10021