Website Terms
General
Squadron NYC, LLC and its affiliates (“we”, “us”, or “The Squadron”) welcomes you (“you” or “User”) to our website (the “Website”).
By using our Website or our services, you unconditionally and irrevocably consent to the terms and conditions set forth in these Website Terms (the “Terms”). By entering the Website, browsing it, or using any of its functions (including but not limited to signing up for our services), you irrevocably declare that you have read and fully agree to all of the Terms.
Any modification, addition, repair to and/or upgrade of the Website is subject to these Terms. These Terms are subject to change and can be modified at any time without prior notice. We encourage you to review these Terms periodically for updates, as your continued use of the Website constitutes your acceptance of any revised Terms that may be posted at the time of your continued use.
To access some features of the Website, you may need to register for an account. If you register for an account, we may require you to provide information such as your email address or other contact information. You agree that any information you provide is accurate. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
Certain of our services may be governed by additional terms and conditions. You must agree to those additional terms, in addition to these Terms, before using those services. In addition, we refer you to our Privacy Policy, which is incorporated into these Terms by reference.
You must be at least 13 years of age to use the Website. By disclosing personal information on this Website, you represent and warrant that you are 13 years or older, or that if you are under age 13 you are using Website with the involvement of a parent or guardian.
Limited Use of Website
The content appearing on the Website is for general use and general information only. The use of any information and/or materials contained on the Website is at the User’s own risk. The Squadron bears no responsibility towards the User for the User’s use of the Website or our services.
The User is aware that The Squadron bears no obligation whatsoever to provide him/her/it with any support services in connection with the Website.
Intellectual Property
The Website contains various materials, symbols, icons, content and trademarks which The Squadron owns or is authorized to use. The aforementioned includes, without prejudice to the generality of the foregoing, the design, programming, contents and graphics of the Website (the “Squadron Property”). Intellectual property rights in all Squadron Property is property of The Squadron or its licensors. You may not use any part of the Squadron Property, whether for private use, commercial or otherwise, such as by copying, photographing and/or displaying it, without our prior written consent.
The Squadron reserves all its rights and remedies granted to it by these Terms and/or pursuant to any applicable laws in any case of unauthorized and/or unlawful use of the Website and or the Squadron Property.
You agree that the Squadron may use any feedback that you may provide regarding the Website or our services.
Restrictions on Website Use
You must not copy, transfer, broadcast, trade, and or make use in any way of the Squadron Property, whether for private use, commercial or otherwise. You must not make changes, copy and/or reverse engineer any part of the Website. You must not make use of the Website for the purpose of creating, developing and/or establishing a similar and/or competing website or product.
The Squadron reserves the right to block a User’s access to and/or use of the Website at any time if the Squadron has reasonable grounds to believe that the User breached and/or is expected to violate these Terms and/or applicable law.
Disclaimer of Warranties and Limitation of Liability
All information and content appearing on the Website is presented “as is”, and The Squadron is not responsible in any way for adapting the information and/or content to the User’s needs as well as the User’s ability and/or inability to use the information and/or content appearing on the Website.
The Website may include links to third parties’ websites (“Links to Other Websites”). Links to Other Websites are provided for your convenience only. The existence of Links to Other Websites is in no way an indication of The Squadron’s examination of, consent and/or approval of the content which appears on such websites. The Squadron is not and shall not be held responsible in any way for the content which appears on such websites. Upon entry to any other website, the terms and conditions of that website as well as its privacy provisions shall apply and, any use of such websites are the responsibility of the User.
THE WEBSITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THE SQUADRON AND ITS AFFILIATES, AND EACH OF THEIR MANAGERS, EMPLOYEES, AND/OR ANYONE ACTING ON THEIR BEHALF OR ASSOCIATED WITH THEM, DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, NOR DO WE GUARANTEE DATA ACCURACY, ABSENCE OR ERRORS AND OMISSIONS, OR THAT THE SITE OR OUR SERVICES WILL BE FREE OF ERRORS OR BUGS.
SUBJECT TO ANY APPLICABLE LAW, THE SQUADRON AND ITS AFFILIATES, AND EACH OF THEIR MANAGERS, EMPLOYEES, AND/OR ANYONE ACTING ON THEIR BEHALF OR ASSOCIATED WITH THEM, WILL NOT BE LIABLE TO THE USER AND OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
Consent to Electronic Communications
By using the Website, you consent to receiving certain electronic communications from us as described in our Privacy Policy.
Terms Applicable to The Squadron Experience
Personal items
The Squadron is not responsible for the loss or damage of or to personal items within The Squadron center. For your convenience, lockers are available for your use; provided, however, that The Squadron is not responsible for loss or damage of or to any personal items, even those in our lockers.
Force Majeure
The Squadron shall not be deemed to be in breach of agreement, or otherwise be liable to the you, for any delay in performance of any of its obligations, to the extent that the delay or non-performance is due to any event or circumstance which is not caused by or the fault of The Squadron or is beyond the reasonable control of The Squadron, including, without limitation, acts of God, explosion, flood, tempest, fire, war or threat of war, acts of terrorism, sabotage, or insurrection and any restrictive government orders or decrees responding to the foregoing events or circumstances (each a “Force Majeure Event”). For all purposes hereunder, a pandemic may constitute a Force Majeure Event to the extent of any applicable restrictive governmental order issued in response thereto.
Indemnification
You are solely responsible for your use of the Services. To the maximum extent permitted by applicable law, you agree to release, defend (at The Squadron’s option), indemnify, and hold harmless The Squadron and its officers, directors, employees, consultants, affiliates, subsidiaries, representatives and agents (collectively, the “The Squadron Entities”) from and against any and every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the following: (i) Your improper access to or use of the Services; (ii) Your violation of any portion of these Terms and Conditions, any representation, warranty, or agreement referenced in these Terms and Conditions, or any applicable law or regulation; (iii) Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (iv) Any dispute or issue between you and any third party. The Squadron reserves the right, at The Squadron’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you agree to cooperate with The Squadron’s defense and/or settlement of that claim.
Limitation of Liability; No Warranties; Waiver
Limitation of Liability. NONE OF THE SQUADRON ENTITIES SHALL IN ANY CIRCUMSTANCES HAVE ANY LIABILITY OF ANY TYPE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS LOSS OF PROFITS, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY RELATED MATERIALS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE MAXIMUM AGGREGATE LIABILITY OF THE SQUADRON ENTITIES TO YOU IN RESPECT OF ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY RELATED MATERIALS OR CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF PAYMENT MADE TO THE SQUADRON UNDER THESE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
No Warranties. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE EXPLICITLY PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SQUADRON HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE SERVICES AND ALL MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SQUADRON DOES NOT WARRANT THAT THE SERVICES, ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SQUADRON ENTITIES OR THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER SERVICES USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES, MATERIALS OR CONTENT, AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR USE OF THAT MATERIAL OR CONTENT.
Termination
Without derogating or affecting any other right or remedy available to it, The Squadron may terminate the Services or any part thereof with immediate effect by giving written notice to the Client, if:
- The Client or its participants commits a material breach of any term of these Terms and Conditions, the Privacy Policy, the Booking Form or any applicable law.
- The Client becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its businesses or assets, becomes subject to any proceedings under any bankruptcy or insolvency laws, or has wound up or liquidated, voluntarily or otherwise.
Modification of Terms and Conditions
The Squadron may modify or supplement these Terms and Conditions at any time, without any notice or liability to you or any other person, by posting the revised version of these Terms and Conditions on https://thesquadron.com/ (the “Website”), which revised terms shall be effective upon such posting. Your continued use of the Services shall be considered your acceptance of the revised Terms and Conditions. If You do not agree to be bound by the revised Terms and Conditions, please cease using the Product.
Miscellaneous
- If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed and will not affect the validity and enforceability of any remaining provisions.
- Parts of these Terms and Conditions that by their nature survive termination, will survive termination, including but not limited to, the sections titled “Intellectual Property; Pictures/Recordings at The Squadron”, “Indemnification”, and “Limitation of Liability; No Warranties; Waiver”.
Governing Law
These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the State of New York, United States of America. The state and federal courts located in New York shall have exclusive jurisdiction over any dispute or controversy arising under or related to these Terms and Conditions. The parties irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objection that they may have to the venue of any such proceeding and any claim or defense of inconvenient forum.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the parties shall first attempt in good faith to resolve such dispute through direct negotiations between authorized representatives of each party. If the parties are unable to resolve the dispute within fifteen (15) days after written notice of the dispute is given by either party, either party may pursue its rights and remedies as provided under these Terms and Conditions or at law.
Consent To Electronic Communications
By using the Services, you consent to receiving certain electronic communications from The Squadron as further described in our Privacy Policy (LINK). Please read our Privacy Policy (LINK) to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Contact Us
Please contact us at [email protected] if you have any questions, comments, or concerns.
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