TERMS AND CONDITIONS
Updated and Effective as of September 2, 2022
Welcome to the Internet sites (“Sites”) and services provided by Above and Beyond VIP Concierge, Inc. (collectively, the “Services”). These Terms and Conditions (“Terms”) govern your access and use of the Services provided by Above and Beyond VIP Concierge, Inc., and any and all of its subsidiaries, affiliates, brands, and entities that it controls, or with whom it has a business relationship, including but not limited to all social media channels (collectively “we,” “us,” “our”, or “ABCVIP”). Please read these Terms carefully before accessing or using the Services. Each time you access and use the Services, you signify that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.
If you wish to contact us in writing, have a complaint, or are required to give us notice in writing, you can send this to us by email at [email protected] or by post to Above and Beyond VIP Concierge, Inc., 99 Wall Street #1946, New York, NY 10016. If we have to contact you or give you notice in writing, we will do so by email to the email address you provide to us.
The key terms you should consider are the limitations on liability contained in the sections addressing Disclaimer of Warranties and Limitation of Liability.
1. Your Responsibilities
If booked, it is your responsibility to show up on time, and act and dress appropriately. Our partners, providers, representatives, and affiliates, reserve the right to refuse service to anyone that does not comply with and act in accordance with our Terms and/or any other rules that may be enacted by ABCVIP, as they exist now or in the future.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You acknowledge that ABCVIP is not responsible for third party access to your account that results from theft or misappropriation of your account.
2. User Submissions
We own all rights, titles, and interests in any compilation, collective work, or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty-free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under section 2 will survive the termination of these Terms.
All content and materials provided on the Services are intended for general information, general discussion, education, and entertainment purposes only. Do not construe that such content is either endorsed or verified by us. The content is provided “as is,” no warranties are provided, and your use or reliance on such materials is solely at your own risk.
3. Copyright Infringement and Trademark Rights
We respect the intellectual property rights of others. Accordingly, we have a policy of removing content that violates copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminate in appropriate circumstances the account of any user who uses the Services in violation of copyright law. If you believe we or a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.
Above and Beyond VIP Concierge Inc.
99 Wall Street #1946
New York, NY 10003
Email: [email protected]
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us at [email protected] We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.
You can delete your information at any time, for any reason, by emailing us at [email protected] with the subject “Delete My Info”. The Services and ABCVIP Content are offered solely for your personal use for the purposes described herein. Any and all other uses are prohibited. ABCVIP expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). ABCVIP reserves the right, in its sole discretion, to refuse service, terminate services or accounts, remove or edit content, cancel reservations, or deny access to the Services.
5. Modifications To Terms.
We may, in our sole and absolute discretion, change or modify these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering for an account. If you object to any such changes, your sole recourse shall be to stop using the Services. Your continued use of the Services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
6. Modifications To the Services.
We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Without limitation to the preceding sentence, we may periodically schedule system downtime for maintenance and other purposes. You also acknowledge that unplanned system outages may occur. The Internet site is provided over the Internet and so the quality and availability of the site may be affected by factors outside our reasonable control. Accordingly, we cannot accept any responsibility for any connectivity issues that you may experience when using the Sites or for any loss of material, data, transactions, or other information caused by system outages, whether planned or unplanned. You agree that we shall not be liable to you or any third party should Above and Beyond VIP Concierge, Inc. exercise its right to modify, suspend or discontinue the Services.
7. Fees and Purchases.
We reserve the right at any time to charge fees for access to the Services or to any specific new feature or content that we may introduce from time to time. In no event will you be charged for access to any Services unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. You agree to pay such fees if you sign up for any fee-based service. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
8. Security and Confidentiality.
Information obtained by you via your submission and information disclosed directly to you by us (“Confidential Information”) shall be kept strictly confidential by you and used only for the purpose of interacting with and transacting on the platform and shall not be disclosed by you in whole or in part, directly or indirectly to any third party, provided that: (a) you may disclose such information to any of your employees, solicitors and other professional advisors (if appropriate) for the purpose of working with you in connection with your decision to use the Services, on the basis that you understand that you will be responsible for their use and handling of such information; and (b) Confidential Information shall not include information that: (i) was in your lawful possession before it was disclosed, without confidentiality restrictions; (ii) you obtain from a third party on an unrestricted basis other than through breach of these Terms or breach of any other obligation of confidentiality on you or the third party; (iii) is developed by you independently of us and any information received by you from us; or (iv) you are required to disclose in accordance with applicable law, provided that you give us as much advance written notice of such requirement as is reasonably practicable in the circumstances.
We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other website or internet resource.
10. Restrictions and Commercial Use.
Other than as set provided for in these Terms: you shall not copy, make derivative works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicence or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or out networks. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software. You undertake not to use the Services for any purpose that is fraudulent or unlawful, not to interfere with the operation of the Services. Your use of the Services must comply with our policies.
11. Disclaimer of Warranties.
You expressly agree that the use of the services is at your sole risk. We provide the Services on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. ABCVIP makes no warranty that our network will meet your requirements, or that the services will be uninterrupted, timely, secure, free of viruses, or other harmful components or error-free, or that defects will be corrected. You acknowledge that access to data (including, but not limited to, documents, photographs, and software files) stored by you or others on the Services is not guaranteed and that we shall not be responsible to you for any loss of data caused by the Services or their unavailability. We make no warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services, or that defects in the Services will be corrected. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from ABCVIP or through the Services shall create any warranty not expressly made herein.
You represent and warrant to us that execution, delivery, and performance of any aspect(s) of these terms will not violate any law, ordinance, charter, by-law or rule applicable to you, or any other agreement by which you are bound or by which any of your or their assets are affected.
12. Limitations of Liability.
IN NO EVENT SHALL ABCVIP, ITS PARENTS, SUBSIDIARIES, AFFILAITES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, SUBCONTRACTORS, AND AGENTS, IF ANY, WHETHER DISCLOSED OR NOT, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE ABCVIP SITES, SERVICES, THE ABCVIP CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY PREMISES OR PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY PREMISES OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE ABCVIP SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE ABCVIP CONTENT. ABCVIP IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY PREMISES FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID MONIES TO.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED US DOLLARS ($100).
You and ABCVIP understand and agree that the disclaimers, exclusions, and limitations in this Section are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that the ABCVIP Parties stated above would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
13. Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, subcontractors, and agents, whether disclosed or undisclosed, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney fees) that such parties may incur as a result of or arising from your or anyone using your account, use of any services contemplated hereunder, your or anyone using your account, participation or use of any third party or other services contemplated hereunder, or a violation of these Terms or any rules. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
15. Trademarks & Patents.
“ABCVIP”, Above and Beyond VIP Concierge, Inc. design, our site names, and logos, as well as certain other names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks, or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Notwithstanding the foregoing, you are granted a non-exclusive, non-transferable, revocable license to access and use of sites and certain intellectual property strictly in accordance with these Terms. As a condition of your use of the sites, you warrant to ABCVIP that you will not use the sites for any purpose that is unlawful or prohibited by these Terms. You may not use the sites in any manner which could damage, disable, overburden, or impair the sites or interfere with any other party’s use and enjoyment of the sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the sites.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the sites, is the property of ABCVIP or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the sites. ABCVIP content is not for resale. Your use of the sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ABCVIP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ABCVIP or our licensors except as expressly authorized by these Terms.
16. Copyrights; Restrictions on Use.
The content on the Services (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by us or our licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We give you a personal, revocable, non-assignable, non-sublicensable, and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.
17. Electronic Notices.
You agree to transact with us electronically. Your affirmative act of registering, using or logging into the Services constitutes your acceptance signature to these Terms. We may provide notices to you electronically (1) via e-mail if you have provided us with a valid email address or (2) by posting the notice on a website designated by us for this purpose. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive the delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Service.
18. Governing Law and Jurisdiction.
These Terms and the relationship between you and us shall be governed by the laws of New York as applied to agreements made, entered into, and performed entirely in New York residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Services shall be brought in the courts located in Manhattan, New York, NY and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Entire Agreement. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof.
20. Transfer of Rights. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.
21. Conflicts. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern.
22. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision and that the other provisions of these Terms remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
23. Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.
24. Survival. The terms hereof, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
25. Our Relationship. Both parties are independent contractors of each other. No other person shall have any rights to enforce any of the provisions contained in these Terms. Neither party shall be deemed an employee, agent, partner, joint venture, or legal representative of the other for any purpose, and neither shall have any right, power, or authority to create any obligation or responsibility on behalf of the other, solely as a result of these Terms. In no event shall you be deemed under these Terms as being one of our employees or entitled to any of our employee benefits.
26. COVID-19 Waiver.
By purchasing or otherwise accepting an experience or event through us, you are acknowledging that an inherent risk of exposure to COVID-19 (coronavirus) exists in any public place where people are present. By attending any of our experiences or events, you and any guests voluntarily assume all risks related to exposure to COVID-19 (coronavirus), and agree not to hold any ABCVIP Parties as described herein for the experience or event purchased for any illness or injury in connection with your or your guests’ attendance at the experience or event.
28. Electronic Communications.
Visiting our sites or sending emails to ABCVIP constitutes electronic communications. By accessing the site, you consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
29. Your Account.
If you use the sites, you are responsible for maintaining the confidentiality of your account, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ABCVIP is not responsible for third party access to your account that results from theft or misappropriation of your account. ABCVIP and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
30. Age Policy
ABCVIP does not knowingly collect, either online or offline, personal information from persons under the age of 18 (eighteen). Due to the nature of our services, we cannot accept or accommodate any reservations for guests through abcvip.nyc under the age of 18 and if alcohol is included, we cannot honor the package for anyone under the age of 21 (twenty-one) and please note that proper identification is required upon arrival of the purchased offer.
31. No-Show/Cancellation/Refund Policy.
Once an offer is purchased on abcvip.nyc, the reservation is made, it is firm, and we cannot accept ANY cancelations. Our offers are transferable but not refundable. If you decide you can no longer enjoy the offer purchased, you can transfer your offer to a third party but please note the following:
We must be notified immediately of the change and provided with all necessary guest information
The window to transfer offers will close 24 hours prior to reservation.
In addition, being 10+ minutes late for your scheduled reservation time without notice will be considered a No-Show and will result in a non-refundable cancellation.
With notice, any late arrivals past the 10-minute grace window will be accepted at the discretion of the venue, operator, or affiliate. If the venue, operator, or affiliate does not able to accommodate the late arrival time, refunds will be applied on a case by case basis dependant on variables of the reservation.
32. Links to Third Party Sites/Third Party Services.
The ABCVIP websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ABCVIP and ABCVIP 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. ABCVIP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABCVIP of the site or any association with its operators.
Certain services made available via our sites are delivered by third party sites and organizations. By using any product, service or functionality originating from any ABCVIP domain, you hereby acknowledge and consent that ABCVIP may share such information and data with any third party with whom ABCVIP has a contractual relationship to provide the requested product, service or functionality on behalf of ABCVIP users and customers.
33. International Users.
The sites is controlled, operated and administered by ABCVIP from our offices within the USA. If you access the sites and/or offered services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ABCVIP Content accessed through our sites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
34. Class Action Waiver.
Any proceeding brought under these Terms will take place on an individual basis; class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
35. Additional Liability Disclaimer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ABCVIP PARTIES INCLUDING ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ABCVIP PARTIES INCLUDING 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 SITE 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. ABCVIP PARTIES INCLUDING 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 ABCVIP PARTIES INCLUDING ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR, CONSEQUENTIAL DAMAGES OR ANY OTHER 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 SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABCVIP PARTIES INCLUDING ITS SUPPLIERS HAVE 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 SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
36. Access Restriction/Termination.
ABCVIP reserves the right, in its sole discretion, to terminate your access to the sites 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 New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the sites. Use of the sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ABCVIP as a result of this agreement or use of the sites. ABCVIP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ABCVIP’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the sites or information provided to or gathered by ABCVIP 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 you, the user, and ABCVIP with respect to the sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ABCVIP with respect to the sites. 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 written in English.
37. Changes to Terms.
We reserve the right, in our sole discretion, to change the Terms under which our services and/or products are offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
38. Contact Us
ABCVIP welcomes your questions or comments. Here is our contact information.
Above and Beyond VIP Concierge
99 Wall Street, Suite #1942
New York, New York 10005
Email Address: [email protected]