Welcome to Best Venues New York! Please read these terms of service carefully (“Terms”) – they are a legal contract between you and Best Venues LLC (“Best Venues New York” or “we” or “our”) that governs the use of www.BestVenuesNewYork.com (the “Site”) and Best Venues New York’s online listing platform for event locations (“Venues”) and related services available via the Site.
In this document, we refer to our services, technologies and Site collectively as the “Services”. For convenience, we also use the following defined terms: “Member” refers to a person or company that completes the Best Venues New York account registration process for the purpose of leasing or reserving for business or personal use a Venue, or to purchase any other products or services from a Best Venues New York. “Venue Member” refers to a person or company that completes the Best Venues New York account registration process for offering Venues to Members to lease or reserve for business or personal use, or that offers through Best Venues New York any other products or services to Members or Site Visitors (“Visitors”), as described under “Eligibility and Account Registration” below. “Listing” refers to a Venue listed via the Services. “You” or “your” refers to, as the case may be, Venue Members, Members, and/or other visitors to the Site.
By accessing or using our Services, you agree to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these Terms, do not use our Services.
AGREEMENT TO THESE TERMS
Venue Members: Venue Members accept these Terms by checking the “I agree” box at the time of registration.
Members: Members accept these terms by checking the “I agree” box at the time of registration.
Visitors: Visitors accept these terms by accessing or using the services.
If you agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in that case, “you” and “your” will refer and apply to that company or other legal entity. Notwithstanding the foregoing, the representation that you have the authority to bind the company or other legal entity shall be enforceable against you personally.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH VENUE MEMBERS MAY LIST VENUES AND MEMBERS AND/OR VISTORS MAY LEARN ABOUT VENUES AND BEST VENUES NEW YORK’S SERVICES. YOU UNDERSTAND AND AGREE THAT BEST VENUES NEW YORK’S SERVICES BRING VENUE MEMBERS, MEMBERS, AND VISITORS TOGETHER; HOWEVER, BEST VENUES NEW YORK IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENUE MEMBERS AND MEMBERS, NOR IS BEST VENUES NEW YORK A REAL ESTATE BROKER OR AGENT. AS A RESULT, BEST VENUES NEW YORK HAS NO CONTROL OVER THE CONDUCT OF VENUE MEMBERS, MEMBERS, OR VENUES VIA THE SERVICES OR VENUES FEATURED ON THE SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
At some point, different areas of the Services and your access to or use of certain Services or Content (defined below) may have different terms and conditions, or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms posted for a specific area of the Services or Site Content (defined below), the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services or Site Content.
CHANGES WE CAN MAKE TO THESE TERMS
Best Venues New York, may, at its sole discretion, modify these Terms, at any time and without prior notice. We will inform you of any such changes either by posting the modified customer terms on the Site or through other communications. Because our Services are evolving, we encourage you to regularly check the Terms so that you understand our most current Terms. It is important that you review the Terms periodically because your continued use of the Services after we post revised Terms shall constitute your agreement to be bound by the revised Terms. If the revised Terms are not acceptable to you, you must stop using the Services.
We may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion. Any Best Venues New York promotions, coupons, or fee waivers may be discontinued or modified at any time. We may also create limits related to use of the Service or parts thereof, without notice or liability to you.
ELIGIBILITY AND ACCOUNT REGISTRATION
If you would like to use our Services to create a Listing, can either first register to create an account with Best Venues New York (“Account”) as a Venue Member or contact Best Venues New York for registration and approval of your account. This will involve the Venue Member entering into an agreement for the use of Best Venue New York’s Service (“Service Agreement”) once they have been deemed qualified for membership. The Services are intended solely for businesses or persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 18 or older.
When creating an Account, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Services that violates these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are solely responsible for all activities that occur under your Account.
VENUE MEMBER FEES AND TERMINATION OF SUBSCRIPTION
Venue Members will be directly invoiced for the charges and fees associated with their Account. For Venue Members with Subscription, fees will be based upon a yearly subscription term. Subscription terms shall automatically renew unless cancelled with at least fourteen (14) days prior written notice to the other party. A Subscription may be terminated without cause by either Best Venues New York or Venue Member provided fourteen (14) days advance written notice is given to the other party. Best Venues New York may terminate a Subscription without notice if the Venue Member violates the Terms. The cancellation of a Subscription does not operate to terminate these Terms.
CONTENT ON BEST VENUES NEW YORK
Definitions. “Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials. “Best Venues New York Content” means all Content that Best Venues New York makes available through the Services, including any Content licensed from a third party, but excluding Member Content and Venue Member Content. “Member Content” means all Content that a Member posts, uploads, publishes, submits, or transmits to be made available through the Services. “Venue Member Content” means all Content that a Venue Member posts, uploads, publishes, submits, or transmits to be made available through the Services, including, but not limited to, Listings. “Site Content” means Member Content, Venue Member Content and Best Venues New York Content.
Best Venues New York Licenses: Subject to your compliance with the terms and conditions of these Terms, Best Venues New York grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Best Venues New York Content solely for your personal and non-commercial purposes or your internal business purposes. Subject to your compliance with the terms and conditions of these Venue Member Terms, Best Venues New York grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content and Venue Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Best Venues New York or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content: For this paragraph, “you” and “your” shall refer only to the Member. You agree that you are solely responsible for all your Member Content. You represent and warrant that: (a) you own the Member Content that you provide through the Services, and (b) you have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Best Venues New York the rights in the Member Content you provide via the Services. You also represent and warrant that your Member Content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Venue Member Content: For the next two paragraphs, “you” and “your” shall refer only to the Venue Member. Best Venues New York permits Venue Members to post, upload, publish, submit or transmit Venue Member Content through the Services. By making available any Venue Member Content through the Services, you hereby grant to Best Venues New York a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify for formatting purposes or compliance with these Terms, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Venue Member Content in connection with the Services, including for promotion of the Services, directly or indirectly by intermediaries, and to authorize others to do the same.
You represent and warrant that: (a) you own the Venue Member Content that you provide through the Services; (b) you have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Best Venues New York the rights in the Venue Member Content you provide via the Services; (c) your use of, and your authorization of Best Venues New York’s use of, the Venue Member Content you provide via the Services will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; (d) you will not post any images with any kind of text (credits, third-party names, etc.), aside from permanent signage at the Venue; and (e) you are solely responsible for all your Venue Member Content. Moreover, you authorize Best Venues New York to alter any images you provide through the Services so that they are in compliance with these Terms; however, Best Venues New York is under no obligation to do so and the failure of Best Venues New York to do so shall not relieve you of any liability related to the posting of images in violation of these Terms.
Intellectual property laws protect the Services and Best Venues New York Content. Except as expressly provided in these Terms, Best Venues New York and its licensors own all rights in the Services and Best Venues New York Content. Best Venues New York has no ownership rights in Venue Member or Member Content. You must not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights & notices incorporated in or accompanying the Services or Site Content. You agree that you have no right to, or title in or to, any Site Content (except for the Venue Member or Member Content that you provide as a Venue Member or Member) or any other attributes associated with your Account.
Our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services:
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror or frame the Site, or any individual element within the Services, Best Venues New York’s name, any Best Venues New York trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Best Venues New York’s express written consent;
- Access, tamper with, or use non-public areas of the Services, Best Venues New York’s computer systems, or the technical delivery systems of Best Venues New York’s providers;
- Attempt to probe, scan, or test the vulnerability of any Best Venues New York system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Best Venues New York or any of Best Venues New York’s providers or any other third party (including another Venue Member or Member) to protect the Services or Site Content;
- Attempt to access or search the Site or Site Content or download Site Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Best Venues New York or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Best Venues New York trademark, logo URL or product name without Best Venues New York’s express written consent;
- Use the Services or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Venue Member Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Site Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Site Content;
- Interfere with, or attempt to interfere with, the access of any Venue Member, Member, host or network, including but not limited to sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other Venue Members or Members of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Best Venues New York has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Best Venues New York may involve and cooperate with law enforcement authorities in prosecuting Venue Members, Members, and/or Vistors who violate these Terms. You acknowledge that Best Venues New York has no obligation to monitor Your access to or use of the Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Venue Member Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Best Venues New York reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that Best Venues New York, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
Best Venues New York respects copyright law and asks you, Venue Members and Members, to do the same. Best Venues New York may, in appropriate circumstances and at its discretion, suspend or terminate the access of, or take other action against, Venue Members or Members who infringe the copyrights of others.
If you believe that your work is accessible on the Services in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act 17 U.S.C § 512(c)(3), you may notify Best Venues New York by sending an email or a written notice to Best Venues New York.
A physical or electronic signature of person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing and access to which is to be disabled, in addition to information reasonably sufficient to permit Best Venues New York to locate the material, such as a URL identifying where it is located on the Services;
- The address, telephone number, and if available, an electronic mail address at which you may be contacted by Best Venues New York;
- A statement by you, stating that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you under the penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the rights-holder whose right is allegedly infringed.
THIRD-PARTY SERVICES AND CONTENT
The Services may include links to other sites and services that are not operated by Best Venues New York. Certain functions of the Services may link you to or provide you access to functions, content, sites, or services operated by third parties, such as streaming sites, YouTube, Facebook, and Google (collectively, “Third-Party Services”). Best Venues New York does not verify or endorse the content or actions of Third-party Services.
Your use of Third-Party Services is subject to the respective terms, conditions, and privacy policies of the third parties that provide them. Best Venues New York is not responsible for the privacy practices, functionality, or content of the Third-Party Services. You are solely responsible for reading and complying with any licenses, restrictions, privacy policies, or other terms and conditions that govern the use of any Third-Party Services you choose to access, visit, or link to through your use of the Services, and are solely liable for any violations of those terms and conditions that arise out of or relate to your use of the Third-Party Services.
You are responsible for and assume all risk arising from your use or reliance of any Third-Party Services.
TERMINATION AND ACCOUNT CANCELLATION
You are responsible for all activities conducted on or through your Account. Best Venues New York may terminate or suspend your User Account or ability to access any part of the Services for any or no reason, without notice or liability, and at any time. If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Services. In the event Best Venues New York terminates these Terms for your breach, you will remain liable for all amounts due hereunder. Subject to these Terms and, in the case of a Venue Member, subject to the terms of any Service Agreement the Venue Member enters into, you may cancel your Account at any time by sending an email to info[at]BestVenuesNewYork.com. As stated above under the section titled “Changes We Can Make to These Terms”, we may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS AND YOU ARE USING THE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, BEST VENUES NEW YORK EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY BEST VENUES NEW YORK OR ITS PARTNERS. BEST VENUES NEW YORK MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BEST VENUES NEW YORK MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH VENUE MEMBERS, MEMBERS AND/OR VISITORS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY MEMBERS OR VISITORS WHO MAKE BOOKINGS OF VENUES YOU OWN OR CONTROL. YOU UNDERSTAND THAT BEST VENUES NEW YORK MAY NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY VENUE MEMBERS, MEMBERS OR VISITORS OF THE SERVICES, NOR DOES IT NEED TO MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF VENUE MEMBERS, MEMBERS, OR VISITORS OF THE SERVICES. BEST VENUES NEW YORK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF VENUE MEMBERS OR MEMBERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH VENUE MEMBERS, MEMBERS OR VISITORS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON
You agree to indemnify Best Venues New York and our affiliates, agents and representatives, and to defend and hold us and each of them harmless from any and all claims, damages, expenses, losses, and liabilities, including but not limited to reasonable legal and accounting fees and costs of defence of litigation by third parties, arising out of or related to (a) your violation of these Terms; (b) the information you provide us as a Venue Member or Member, as applicable, to the extent such information is materially false or misleading; and (c) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking, accommodation, or other use of a venue that you own, unless arising as a result of our gross negligence or wilful misconduct.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT, AND ANY BOOKINGS OF VENUES VIA THE SERVICES, REMAINS WITH YOU. NEITHER BEST VENUES NEW YORK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR SITE CONTENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THE ACCESS OR USE OF THE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PROPERTY DAMAGE RELATED TO THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH VENUE MEMBERS OR MEMBERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR THE USE OF A VENUE WHERE A BOOKING WAS MADE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEST VENUES NEW YORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
Notwithstanding anything to the contrary herein, if you have given Best Venues New York notice of a Dispute under the section called “Dispute Resolution” (below), no change to the “Limitation of Liability” section after Best Venues New York received your notice will apply to the Dispute.
These terms are to be governed by and construed in accordance with the laws of the New York and the parties submit to the exclusive jurisdiction of the State of New York. Any lawsuit, claim, action or proceeding relating to this Agreement shall be brought in the state or federal courts sitting in New York, County, New York and both the Company and Member expressly consent to the jurisdiction of such courts for that purpose.
Waiver of Jury Trial and Class Action; Agreement to Mandatory Arbitration. You and Best Venues New York agree that any dispute, claim or controversy arising out of or relating to these Terms or the or the use of the Services (collectively, “Disputes”) will be submitted to binding arbitration in the State of New York. However, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Best Venues New York are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Best Venues New York otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Where a Lawsuit Must Occur. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“IP Disputes”) will be the state and federal courts located in New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with “Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex, Commercial Disputes),” Amended October 1, 2013, and the Consumer Arbitration Rules, Amended September 1, 2014, or in accordance with the applicable rules then in effect (the “AAA Rules”), except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879 FREE.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form at www.adr.org). The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Best Venues New York otherwise agree, the arbitration will be conducted in New York. If your claim does not exceed $10,000, then the arbitration will be conducted solely based on documents you and Best Venues New York submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party is entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Changes. Notwithstanding the foregoing terms, if Best Venues New York changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info[at]BestVenuesNewYork.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” below. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Best Venues New York in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Notwithstanding anything to the contrary herein, if you have given Best Venues New York notice of a Dispute under this section called “Dispute Resolution”, no change to the “Dispute Resolution” section after Best Venues New York received your notice will apply to the Dispute.
These Terms constitute the entire and exclusive understanding and agreement between Best Venues New York and you regarding the Services and Site Content, and any Listings or bookings made via the Services, and supersede and replace any and all prior oral or written understandings or agreements between Best Venues New York and you regarding the Services and Site Content, and any Listings and bookings made via the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Best Venues New York’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Best Venues New York may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Best Venues New York, as determined by Best Venues New York in its sole and absolute discretion, (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and you can submit Feedback by emailing us at info[at]BestVenuesNewYork.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The failure of Best Venues New York to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Best Venues New York. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Best Venues New York
If you have any questions about these Terms, please contact us at info[at]BestVenuesNewYork.com
Last Updated: May 15, 2016.