Last updated: Aug 11, 2017
NoHo Services, Inc. d/b/a Great Jones (referred to herein as “Company,” “us”, “we” or “our”) operates the website at http://www.greatjones.co/ where we provide users of the Site with access to general information about our business and the services we offer. These terms and conditions, together with all agreements expressly incorporated by reference (collectively, these “Terms”), govern your access to and use of the website located at http://www.greatjones.co/ (including any sub-domains or successor sites(s)) (the “Site”), including all content, functionality, and services offered on or through the Site, regardless of how you access the Site through Wireless Access Protocol (commonly known as “WAP”), via a mobile network or otherwise.
These terms require the use of binding arbitration on an individual basis to resolve all disputes arising under them, rather than jury trials or class actions.
2. Eligibility; Jurisdiction
The Site is intended solely for users who are 18 years of age or older. By accessing or using the Site, you represent and warrant that (i) you are 18 or older and otherwise have capacity to contract and (ii) if you are accessing or using the Site on behalf of an entity, you have the authority to bind that entity to these Terms.
The Site is intended for a United States audience, for persons with homes or properties in the United States. If you access the Site from outside of the United States, you consent to the jurisdiction of the laws of the United States.
3. Access to the Site
Subject to these Terms, Great Jones hereby grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the Site. Great Jones does not offer any specific uptime guarantee for the Site. To access the Site or some of the resources you may be asked to provide certain registration details or other information. You represent and warrant that: (i) all required registration information you submit is correct, current, and complete; (ii) you will maintain the accuracy of such information; (iii) your use of the Site does not violate any applicable law or regulation.
5. Children Under the Age of 13
The Site is not intended for children under 13 years of age. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you believe that we might have any personal information from or about a child under 13, please contact us at firstname.lastname@example.org.
6. Technical Requirements
You are responsible for making all arrangements necessary to have access to the Site, including, as applicable, your use of a computer with adequate software or a supported mobile device with internet connectivity, and ensuring that all persons who access the Site through your computer or mobile device are aware of these Terms and comply with them. We shall not have any responsibility or liability for any telephone, mobile data or other costs you may incur.
7. Use of Service Providers
We may use service providers to provide some or all of the Site (“Service Providers”). Our Service Providers are independent contractors. You understand that each such service is not controlled by Great Jones but rather by the Service Provider over which Great Jones has no control or power. Great Jones shall not be liable for the acts or omissions of such Service Providers and does not provide any representation, warranty or guarantee as to their services.
8. Accuracy and Completeness of Information
Great Jones is not responsible if information made available on or through the Site by Great Jones or any user or other person or entity, or by our Service Providers, is not accurate, reliable, effective, complete, or current. We make no endorsement, representation, warranty, or guarantee of any kind about any such information. The Site may be unavailable, inaccurate, or incomplete.
We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
9. Outreach Communications
As part of the Site, you may submit your contact information to us through the Site in order to receive communications from us, including marketing and informational e-mails, phone calls and text messages related to your use of and interest in the Site (“Outreach”). You can manage and opt-out from receiving marketing e-mails and/or texts, and keep your e-mail address and phone information up-to-date by contacting us directly at email@example.com.
10. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Great Jones, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You acknowledge and agree that Great Jones and its licensors own all right, title and interest, including all intellectual property rights and other proprietary rights, in and to the Site, and no rights in the foregoing are transferred to you hereunder. Text, images, graphics, sound, animations, videos and other content, as well as the arrangement of the same on the Site, are protected by copyright and other intellectual property rights and proprietary rights of Great Jones and its third-party licensors. The content of our Site may not be copied, disseminated, altered or made accessible to third parties for commercial purposes.
All Great Jones trademarks, service marks, typefaces, company designs, logos and emblems on our Site and other Great Jones materials are protected by trademark law. The marks and design elements used on the Site and Great Jones materials are intellectual property of Great Jones or its licensors. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. Our Site may also display other product, service and/or company names that may be the trademarks of their respective owners.
11. Rules of Conduct
The rights granted to you in these Terms are subject to the restrictions in this Section and you agree to comply with all applicable laws, rules and regulations in your use of this Site. You hereby warrant, represent and agree that you will not use the Site or contribute any Content in the following manner: (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Site or any part thereof; (ii) modify, make derivative works of, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Site; (iii) access the Site in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute, republish, download, post, display or transmit any part of the Site;, including by framing or mirroring the Site without our permission (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter, interfere with or disrupt a computer or communication network, handheld device, mobile device, data, the Site, or any other system, device or property; (vi) access (or attempt to access) any of the Site by means other than through the interface that is provided by Great Jones; (viii) access or use the Site in a way intended to avoid incurring fees; (ix) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices); (x) circumvent, disable, or otherwise interfere with the security or functionality of the Digital or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Site or their content; (xi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server(s) on which the Site is stored, or any server, computer, or database connected to the Site; (xii) infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (xiii) violate any law, statute, ordinance, or regulation; (xiv) impersonate any person or entity, including without limitation any employee or representative of Great Jones; (xv) jeopardize the security of a user’s account or anyone else’s account; (xvi) attempt, in any manner, to obtain the password, account, or other security information from any other user; (xvii) run Maillist, Listserv, or any form of auto-responder or “spam” on the Site, or any processes that otherwise interfere with the proper working of the Site (including by placing an unreasonable load on the Site’ infrastructure); (xviii) use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy or publicity rights; or (xix) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure of presentation of the Site without our prior written consent.
Great Jones reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice to you. You agree that Great Jones will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. The Site or any part thereof may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances.
You may choose to, or we may invite you to submit comments, suggestions, or ideas about the Site, including how to improve it (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction, and will not place Great Jones under any fiduciary or other obligation. Great Jones may use, exploit, copy, modify, publish, or redistribute the Ideas for any purpose and in any way without any compensation to you. You also agree that Great Jones may have similar ideas under development and does not waive any rights to use similar or related ideas previously known to Great Jones, developed by its employees or contractors, or obtained from other sources.
14. Linking from the Site or E-mails
Our Site may contain links to other third‑party sites that we do not control or maintain. We are not responsible for the privacy practices of any third‑party site. If you follow a link from our Site to another site or application, that site or application’s privacy policies will govern any information that site or application collects about you. Please note when you leave the Site, and review the privacy statement at your destination before submitting any personal information.
15. Disclaimer of Warranties
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SITE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED BY GREAT JONES “AS IS,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SITE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND SATISFACTORY QUALITY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE OF THE GREAT JONES CONTENT, SITE, OR CONTENT IS AT YOUR SOLE RISK. GREAT JONES DOES NOT REPRESENT OR WARRANT THAT THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SITE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART OF THE FOREGOING), OR ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SITE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, OR ANY PART THEREOF (I) WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR SITE; (II) WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE; (III) WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; OR (IV) WILL MEET YOUR EXPECTATIONS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SITE.
16. Limitation of Liability
IN NO EVENT SHALL THE GREAT JONES PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SITE, YOUR USE THEREOF, OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), AND INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY (A) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT; (B) LOST CONTENT OR USER DATA (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA OR CONTENT); (C) PERSONAL OR BODILY INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR HOSTING PROVIDER’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (E) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, OR DEFAMATION; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (G) ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE SITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; (H) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SITE, (I) ACT OR OMISSION OF A THIRD PARTY INCLUDING, BUT NOT LIMITED TO, INTENTIONAL OR NEGLIGENT ACTS OF THIRD PARTIES THAT DAMAGE, IMPAIR OR DISRUPT SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
WITH REGARDS TO ALL OTHER CLAIMS, IN NO EVENT SHALL THE LIABILITY OF THE NOHO PARTIES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, THE LESSER OF (I) YOUR ACTUAL DIRECT DAMAGES OR (II) US $1,000.
You agree to indemnify, defend and hold harmless Great Jones, its affiliates, parent, investors, shareholders, employees and agents (the “NoHo Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms, (ii) your use of the Site, including, but not limited to any use of Great Jones’ or its Service Providers’ content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site, (iii) Content or Ideas you provide, or (iv) your violation of any law or the rights of any third party. Great Jones reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Great Jones and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without the Great Jones’ prior written consent. Great Jones will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers, manufacturers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
YOU AND GREAT JONES AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE AND SALE SHALL BE FINAL AND BINDING ARBITRATION.
Either Great Jones or you may demand that any dispute between Great Jones and you about or involving your use of the Site must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Great Jones from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Great Jones without restriction. Any attempted assignment by you will be null and void.
No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail to NoHo Services, Inc., d/b/a Great Jones, c/o eShares, Inc., 1013 Centre Rd., Suite 403-D, Wilmington, DE 19805. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Entire Agreement; Severability; No Waiver
© Copyright 2017 NoHo Services, Inc. All rights reserved.