ARIAS NEW YORK

TERMS OF USE

Effective as of April 1, 2016

These Terms and Conditions of Use (the "Terms of Use") apply to the Arias New York website located at www.ariasnewyork.com (the "Website"). The Website is the property of Nina Arias LLC ("Arias New York").

By using the Website, you agree to these Terms of Use; if you do not agree, do not use the Website.

Arias New York reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The date of the most recent update is indicated at the end of the Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. 

1.  Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Arias New York, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Arias New York's express prior written consent.

2.  Your Use of the Website

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. 

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Arias New York server, or to any of the services offered on or through the Website, by hacking or any other illegitimate means.

3.  Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which can be found on our Terms and Conditions page (link). You agree to abide by all such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

Arias New York’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.

Arias New York may make changes to any products or services offered on the Website, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Website with respect to products and services may be out of date, and Arias New York makes no commitment to update the materials on the Website with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Website.

4. Links to Other Sites

The Website may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Arias New York’s control, and Arias New York is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

5.  Disclaimers 

Arias New York does not promise that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will be uninterrupted or provide specific results. The Website and its content are delivered on an "as-is" and "as-available" basis. The Website is subject to change without notice. Arias New York may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website. Arias New York cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. Arias New York disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Arias New York disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Website and/or any Arias New York services. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Arias New York for dissatisfaction with the Website or any content is to stop using the Website or any such content. 

6.  Cookies

Through the Website, we automatically gather certain information about the use of the Website, such as how frequently certain areas of the Website are visited, including through the use of cookies and other technologies. Most browsers can be set to prevent cookies or to notify you when one is being placed. 

7. Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the State of New York without regard to its conflicts of laws provisions.  You consent to the exclusive jurisdiction and venue of the state and federal courts of New York with respect to the resolution of any suit, action or proceeding hereunder. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Arias New York and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then the parties shall be free to pursue any right or remedy available to them under applicable law.