By using the websites (collectively referred to as the “Site”) hosted by 1301 AND FRIENDS CLUB, INC. D/B/A PARAMOUNT CLUB (“PARAMOUNT CLUB”), you (“You” or “Your” as applicable) agree to be bound by all of the terms and conditions outlined herein (these “Terms and Conditions”) and to use the Site only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If You access or use the Site on behalf of a business or individual, You represent to PARAMOUNT CLUB that You have the authority to bind that business or individual and Your acceptance of these Terms and Conditions will be treated as acceptance by that business or individual. In that event, You and Your in these Terms and Conditions will refer to that business or individual. If You do not agree with these Terms and Conditions, You must immediately stop using the Site. Please refer to the PARAMOUNT CLUB Privacy Policy, located at https://paramountclub.pgre.com/privacy-policy/ and incorporated herein by reference, for any terms which are used in these Terms and Conditions and not defined herein.
PARAMOUNT CLUB reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on the Site. Changes in these Terms and Conditions will be effective when such change is posted. Your use of the Site after any changes to these Terms and Conditions are posted on the Site will be considered acceptance of those changes. PARAMOUNT CLUB may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. PARAMOUNT CLUB may also impose limits on certain features and Services or restrict Your access to parts or the entire Site without notice or liability. PARAMOUNT CLUB may terminate the authorization, rights and license given herein at any time, with or without notice to You.
PARAMOUNT CLUB may offer Services on the Site which may require You to become a registered user. In order to become a registered user, You must create a username and password, and provide PARAMOUNT CLUB with, for example, Your first name, last name, email address, physical office address, and/or employer, amongst other information.
PARAMOUNT CLUB or its contractors collect and store the email addresses and other information input into the Site, including but not limited to the email address You use to register for and/or access Services and the email addresses of any third parties designated by You to receive materials or information from the Site. PARAMOUNT CLUB may circulate notices, news alerts, materials, updates or any other information to those email addresses in the future. You hereby grant PARAMOUNT CLUB permission to distribute any notices, news alerts, materials, updates or any other information to those email addresses.
The Information You provide as part of becoming a registered user is protected by the username and password You create. You can help prevent the unauthorized disclosure of Information by choosing and protecting Your password appropriately. This includes not sharing Your password with others, and choosing a “strong” password that includes at least 8 characters comprising at least one capital letter, one number and one non-alphanumeric symbol. You can also help prevent unauthorized disclosure by preventing others from using Your computer and/or password, and by completely signing off and closing Your browser after accessing the Site. You should take all of these recommended steps.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of PARAMOUNT CLUB or its content suppliers and may be protected by United States and international copyright, trademark or other laws and regulations. You agree to access the materials posted on these pages manually, and not automatically, and solely for Your own personal use or in connection with any business relationship between You and PARAMOUNT CLUB and such materials may be downloaded to Your own hard disk or sent to a printer solely for that purpose. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit, or distribute the contents of these pages without the express written permission of PARAMOUNT CLUB. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright, or other proprietary right of PARAMOUNT CLUB. All rights are hereby reserved.
All information and content included on the Site is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PARAMOUNT CLUB strives to provide accurate and up-to-date material on the Site. However, PARAMOUNT CLUB makes no warranties or representations as to the accuracy or timeliness of the material provided through the Site. PARAMOUNT CLUB assumes no liability or responsibility for any errors or omissions on the Site.
You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Site, to alter the Site in any way, or to impede others’ access to and freedom to enjoy and use the Site.
For Your convenience, PARAMOUNT CLUB may provide links to websites belonging to other companies, including affiliates of PARAMOUNT CLUB. Those websites are not under the control of PARAMOUNT CLUB and PARAMOUNT CLUB does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that PARAMOUNT CLUB has provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting Yourself from viruses and other destructive elements that may be present on those sites. Please refer to these third-party websites for their terms and conditions and other policies.
Each user of the Site agrees to indemnify and hold harmless PARAMOUNT CLUB, its affiliates, and its and their respective shareholders, members, partners, managers, officers, trustees, directors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site and the content herein.
NEITHER PARAMOUNT CLUB, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, MANAGERS, OFFICERS, TRUSTEES, DIRECTORS, MANAGED FUNDS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PARAMOUNT CLUB OR ANY OF THE FOREGOING PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (Ill) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENTS.
Acceptance. If You do not accept all of the terms and conditions set forth in these Terms and Conditions, You may not access or use the Site.
Assignment. You may not assign any of Your rights or obligations under these Terms and Conditions without PARAMOUNT CLUB’S express prior written consent. PARAMOUNT CLUB may assign its rights or assign or delegate any of its obligations under these Terms and Conditions without restriction.
Enforceability, Waiver and Severability. If any provision of these Terms and Conditions is found illegal or unenforceable, the Terms and Conditions will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms and Conditions will not be affected. No delay or failure by PARAMOUNT CLUB to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. Each provision of these Terms and Conditions shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Entire Agreement. These Terms and Conditions, along with the PARAMOUNT CLUB Privacy Policy, constitute the entire understanding between PARAMOUNT CLUB and You with respect to the matters and transactions contemplated hereby and supersede all previous agreements between You and PARAMOUNT CLUB concerning the subject matter hereof. You acknowledge and agree that You have not relied on any statement, representation or promise of PARAMOUNT CLUB in agreeing to these Terms and Conditions and the PARAMOUNT CLUB Privacy Policy.
Export and International Use. The Site is controlled and offered by PARAMOUNT CLUB from its facilities or those of its contractors in the United States of America. PARAMOUNT CLUB makes no representations that the PARAMOUNT CLUB Site is appropriate or available for use in other locations. Those who access or use the PARAMOUNT CLUB Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Good Faith. You agree to act in good faith with respect to each provision of these Terms and Conditions and any dispute that may arise related hereto or thereto.
Governing Law, Jurisdiction, Venue, and Time Limitation for Legal Actions. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County of the State of New York for any claim or action arising out of or relating to these Terms and Conditions or Your use of the Site. You agree that the Site shall be deemed to be solely based in the State of New York, the Site shall be deemed a passive website that does not give rise to personal jurisdiction over PARAMOUNT CLUB, either specific or general, in jurisdictions other than the State of New York, and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES WHICH WILL GENERALLY BE THE FIRST DATE THAT THE ACTIONABLE MATERIAL FIRST APPEARED ON THE SITE.
Headings. The section headings and subheadings contained in these Terms and Conditions are included for convenience only and shall not limit or otherwise affect the terms hereof.
Notices. Any notices to PARAMOUNT CLUB required to be given in writing under these Terms and Conditions shall be delivered either by hand, overnight delivery service or First-Class United States mail and shall be pre-paid and addressed as follows: Secretary, 1301 and Friends Club, Inc., d/b/a Paramount Club, 1301 Avenue of the Americas, New York, NY 10019.
Survival. All terms of these Terms and Conditions which by their nature extend beyond the termination of the Terms and Conditions shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.
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