AGREEMENT TO TERMS
The Terms of Service (hereinafter, the “Terms”) as presented herein constitute a legally binding agreement between you (hereinafter, “you”) and Dune Road Lifestyle, LLC (a New York limited liability company, hereinafter referred to as, “Dune Road Lifestyle,” “DRL,” “we,” “us,” or “our”) (each, hereinafter, a “Party” and collectively, hereinafter, the “Parties”) with respect to your access and use of the Dune Road Lifestyle Website, mobile application, and any other form of media presented by, linked to, or otherwise connected with DRL (collectively, hereinafter, the “Site”). You agree that by accessing the Site, you have read, understood and have agreed to be bound by the Terms. IF YOU DO NOT AGREE WITH THE TERMS IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions which may be posted on the Site from time to time are hereby expressly incorporated by reference herein. We reserve the right, in our sole discretion, to make changes or modifications to the Terms at any time and for any reason. We will notify you of any changes by updating the date of last update on the Terms, and you waive any right to receive specific notice of any change. It is your responsibility to periodically review the Terms in order to stay informed of any changes or updates. You will be subject to, and will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms by your continued use of the Site after the date any such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution of use would be contrary to any law or regulation which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws to any applicable extent.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics on the Site (collectively, hereinafter, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, hereinafter, the “Marks”) are owned or controlled by us or licensed to us, and are protected by the copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided on the Site on an “as is” basis for your information and personal use only. No part of the Site or its Contents or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without the express prior written permission of DRL.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you with respect to the Site, the Content and the Marks.
Through your use of the Site, you represent or warrant the following: 1) that you have the legal capacity to and you do agree to comply with the Terms; 2) you are not a minor in the jurisdiction in which you reside; 3) you will not access the Site through automated or non-human means, whether via bot, script or otherwise; 4) you will not use the Site for any illegal or unauthorized purpose; and 5) your use of the Site will not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access to the Site (or any portion thereof) in all past, current and future versions.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site (hereinafter, “Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We reserve the right, but we are not obligated, to: 1) monitor the Site for violations of the Terms; 2) take appropriate legal action against any person or entity who, in our sole discretion, violates the law or the Terms, including, without limitation, reporting such user to law enforcement authorities; 3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any material which you contribute to the site or any portion thereof; 4) in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERMS AND TERMINATION
The Terms shall remain in full force and effect while you use the Site. Without limiting any other provision of the Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses) to any person or entity for any reason or for no reason, including, without limitation, for breach of any representation, warranty or covenant contained in the Terms or any applicable law or regulation. We may terminate your use or participation in the Site or delete any content or information at any time, without warning, in our sole discretion.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at our sole discretion and without notice. However, we have no obligation to update any information on the Site. We reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or to any third party for any modification, change, price change, suspension, or discontinuance of the Site as a whole or in part.
We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting interruptions, delays or errors. We reserve the right to change, revise update, suspend, discontinue or otherwise modify the Site at any time for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in the Terms will be construed to obligate us to maintain or support the Site or to supply any corrections, updates or releases in connection therewith.
The Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
If the Parties are unable to resolve a dispute through informal negotiations, the dispute (except those disputes which are expressly excluded below) will be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (hereinafter, the “AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (hereinafter, the “AAA Consumer Rules”), both of which are available at www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, New York, USA. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
If, for any reason, a dispute proceeds via litigation rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in New York County, New York, USA, and the Parties hereby consent to personal jurisdiction in such state and venue, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are hereby expressly excluded from the Terms.
If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any dispute arising from any portion or the entirety of this provision which has been found to be illegal or enforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court and waive all defenses as stated above.
The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the full extent permitted by law: 1) no arbitration shall be joined with any other proceeding; 2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and 3) 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.
EXCEPTIONS TO ARBITRATION
The Parties agree that the following disputes are not subject to the above provisions concerning binding arbitration: 1) any disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; 2) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and 3) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court and waive all defenses with respect to personal jurisdiction or forum non conveniens.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.
THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: 1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; 2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; 3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVICES OR THOSE OF ANY THIRD PARTIES AND / OR ANY AND ALL PERSONAL INFORMATION AND / OR FINANCIAL INFORMATION STORED THEREIN; 4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; 5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND 6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING., AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. ANY REFERENCE OBTAINED FROM THIS SITE TO A SPECIFIC PRODUCT OR SERVICE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT BY US OF THE PRODUCT OR SERVICE OR ITS PRODUCER OR PROVIDER.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE AT ALL TIMES LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $500 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 1) use of the Site; 2) breach of the Terms; 3) any breach of your representations and warranties set forth in the Terms; 4) your violation of the rights of a third party, including, but not limited to, intellectual property rights; or 5) any overt harmful act toward any other user of the site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending us e-mails, comments or direct messages, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and any other communications we provide to you electronically, through any means, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at 1-800-952-5210.
The Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between the Parties. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations under the Terms to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void or otherwise unenforceable, that provision or part of a provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms or your use of the Site. You agree that the Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms and the lack of signing by the Parties to execute the Terms.
The Terms were last updated on 1 April 2020.
Dune Road Lifestyle, LLC
184 Kent Avenue, A701
Brooklyn, NY 11249
+1 516 776 3436