By using the websites hosted by 260 Kent LLC (“260 Kent”) and its affiliates (collectively referred to as the “Site”), you (“You” or “Your” as applicable) agree to be bound by all of the terms and conditions outlined herein 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 260 Kent 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.
260 Kent 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. 260 Kent may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. 260 Kent may also impose limits on certain features and Services or restrict your access to parts or the entire Site without notice or liability. 260 Kent may terminate the authorization, rights and license given herein.
260 KENT SERVICES / REGISTRATION
260 Kent offers 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 260 Kent with Your first name, last name and email address. Other Services available on the Site may require You to input solely an email address in order to receive the benefits of those Services.
Certain Services available on the Site may allow You to distribute materials and information downloaded from the Site to third parties via the third party’s email address. You represent that You have the authority to provide the email addresses of those third parties, and that those third parties have agreed to receive such materials and information from 260 Kent.
260 Kent collects and stores 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. 260 Kent may circulate notices, news alerts, materials, updates or any other information to those email addresses in the future. You hereby grant 260 Kent permission to distribute any notices, news alerts, materials, updates or any other information to those email addresses.
SECURITY OF YOUR INFORMATION
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.
260 KENT INTELLECTUAL PROPERTY
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of 260 Kent or its content suppliers and is 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 yourself and 260 Kent 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 260 Kent. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of 260 Kent. All rights are hereby reserved.
USE OF CONTENT
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. 260 Kent strives to provide accurate and up-to-date material on the Site. However, 260 Kent makes no warranties or representations as to the accuracy or timeliness of the material provided through the Site. 260 Kent 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, 260 Kent may provide links to websites belonging to other companies, including affiliates of 260 Kent. Those websites are not under the control of 260 Kent and 260 Kent 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 260 Kent 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 260 Kent, its affiliates, and its and their respective shareholders, partners, 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.
LIMITATION OF LIABILITY
NEITHER 260 KENT, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, 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 260 KENT 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.
ONLINE ADVERTISING WE USE
We use Google AdWords and Adroll Remarketing to advertise trigger across the Internet. AdWords and Adroll remarketing will display relevant ads tailored to you based on what parts of the TriggerApp website you have viewed by placing a cookie on your machine. THIS COOKIE DOES NOT IN ANYWAY IDENTIFY YOU OR GIVE ACCESS TO YOUR COMPUTER. The cookie is used to say “This person visited this page, so show them ads relating to that page.” Google AdWords and Adroll Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.
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 260 Kent express prior written consent. 260 Kent 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 260 Kent 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.
Export and International Use. The Site is controlled and offered by 260 Kent from its facilities in the United States of America. 260 Kent makes no representations that the 260 Kent Site is appropriate or available for use in other locations. Those who access or use the 260 Kent 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 and Venue. 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 260 Kent, 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.
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 260 Kent 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: 260 Kent LLC c/o Two Trees Management Co, LLC 45 Main Street, Suite 1200, Brooklyn, NY 11201
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.