Effective Date: July 6, 2011
Welcome to the Union Square Business Improvement District Website located at http://www.visitunionsquaresf.com (the "Website"). The Site is comprised of various Web pages operated by Union Square Business Improvement District ("USBID"). Before using this Site, please review the terms of use below.
This is a binding agreement. The USBID Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained by the following Terms of Use Agreement ("Agreement"), including all documents, policies, and guidelines incorporated herein. Your use of the USBID Website constitutes your agreement to this Agreement. If at any time you find these terms of use unacceptable, you must immediately leave the Website and cease all use of the Site. YOU AGREE THAT BY USING THE SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
USBID respects your privacy, believes strongly in protecting your privacy, and permits you to have some control of the treatment of your personal information held by us in the course of business. A complete statement of USBID's current privacy policy can be found by clicking here. USBID's privacy policy is expressly incorporated into this Agreement by reference.
USBID may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the website; and (c) discontinue the Website at any time. USBID shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
The Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of USBID and USBID is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. USBID is not responsible for webcasting or any other form of transmission received from any Linked Site. USBID is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by USBID of the site or any association with its operators.
As a condition of your use of the Website, you warrant to USBID that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
USBID does not claim ownership of the materials you provide to USBID (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting USBID, its affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. USBID is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in USBID's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. USBID AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
USBID AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USBID AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL USBID AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF USBID OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree to indemnify USBID for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless USBID, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site and Services, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. USBID will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
USBID does not represent that all information and content available on or accessible through this Site is appropriate for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access or use this Site from those locations act on their own initiative and USBID is not responsible for compliance with applicable laws, rules, and regulations. You will not access the foregoing where prohibited by applicable law, rule or regulation.
USBID reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco, California, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and USBID as a result of this agreement or use of the Website. USBID's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of USBID's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by USBID with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and USBID with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and USBID with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. USBID's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision. Neither the course of conduct between you and USBID, nor trade practice, shall act to modify any provision of this Agreement. USBID's rights under this Agreement shall survive any termination of this Agreement.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Website solely in accordance with this Agreement; (b) to use the Website solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print-out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
The USBID trademarks are owned by USBID. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Other than as expressly permitted in the "LIMITED LICENSE; PERMITTED USES" Section above, the copying, redistribution, use or publication by you of any such matters or any part of the Website, is strictly prohibited. You do not acquire ownership rights to any article, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by USBID or any third party.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to USBID, 323 Geary St. Suite 401, San Francisco, CA 94102
Any legal controversy or legal claim arising out of or relating to this Agreement or the Website (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys' fees.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
If you have any questions, comments or complaints concerning this these Terms of Use, please contact us at 415.781.7880 or e-mail us at [email protected], or send any correspondence to USBID, 323 Geary St. Suite 401, San Francisco, CA 94102. Our representatives will endeavor to contact you within fifteen (15) days of your inquiry.