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Terms of Use

I. INTRODUCTION

This Terms of Use (“Terms of Use”) is a binding legal agreement, and by using the website (“Website”) provided by Twin Marquis, Inc. (“Twin Marquis”), you agree to be bound by these terms and conditions described in these Terms of Use. If you do not agree with these Terms of Use, you should immediately stop accessing, using, or interacting with the Website.

We may change these Terms of Use at any time by posting changes on the Website. We encourage you to check back and review the Terms of Use from time to time. Your continued use of the Website following our posting of changes will mean that you accept the revised Terms of Use.

II. USE OF THE WEBSITE

You agree to access and use the Website only for lawful reasons. You are solely responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of the Website. You are prohibited from using the Website in a way that:

  • is unlawful, threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Twin Marquis deems in its sole discretion to be inappropriate;
  • violates any law, regulation, or court order;
  • accesses, collects or stores personal information about others;
  • violates or infringes the rights of anyone else, including, for example, another person’s right to privacy;
  • impersonates any person, business, entity, or IP address (e.g., IP spoofing);
  • involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
  • is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
  • gains or tries to gain unauthorized access to the Website, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of the Website;
  • imposes an unreasonable or disproportionately large data or communication load on Twin Marquis’ or Twin Marquis’ business partners’ infrastructure and systems, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
  • alters, damages, or deletes any content posted on the Website;
  • contains, shares or transmits computer viruses or other disruptive, damaging or harmful files or programs; or
  • otherwise violates these Terms of Use or any other guidelines or policies posted on the Website, including the Twin Marquis Privacy Notice (“Privacy Notice”).

Twin Marquis will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms of Use and may disclose your information to such law enforcement officials and/or agencies if required by law.

III. LINKS TO THIRD PARTY WEBSITES

The Website may contain links to websites owned by other companies including, but not limited to, social media websites such as Facebook and Twitter. These links are provided solely as a convenience to you. If you use these links, you will be redirected to the respective external website. Twin Marquis is not responsible for any of these third-party websites or their content. If you decide to access any of the third-party websites that are linked from the Website, you do so entirely at your own risk.

IV. LINKS TO WEBSITES OF TWIN MARQUIS’ AFFILIATES AND SUBSIDIARIES

Throughout the Website, Twin Marquis will provide information about Twin Marquis’ domestic and foreign affiliates and subsidiaries (“Affiliates”) and provide links to each of Affiliates’ website. Each of Affiliates is an independent legal entity. In particular, Affiliates cannot accept or receive service of process on behalf of another. Affiliates are not legally liable for another unless specifically agreed to in writing to assume such liabilities. This Website does not establish any nexus between the Affiliates.

V. FEEDBACK SUBMISSION

If you submit a comment, suggestion or any other material (“Feedback”) to Twin Marquis (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Twin Marquis, and acknowledge that we will be entitled to use and implement any such Feedback in accordance to the Privacy Notice. Twin Marquis will have the right to use, copy, display, perform, distribute, modify and re-format Feedback in any manner in accordance to the Privacy Notice. By submitting Feedback, you represent and warrant to Twin Marquis that you have all necessary rights in and to such Feedback and all information it contains and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

VI. OWNERSHIP OF INTELLECTUAL PROPERTY

Twin Marquis and its Affiliates, and licensors (and each of their respective successors and assigns) own its respective copyrights, trademarks, service marks, and trade dress rights to all content displayed on and from the Website (collectively referred to as “Intellectual Property”). You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such content to any third party (including displaying or distributing the material using a third-party website) without Twin Marquis’ prior written consent, except to use the Website for their intended purpose. Twin Marquis retains all rights that are not otherwise expressly granted in these Terms of Use.

VII. DISCLAIMERS AND LIMITATION OF LIABILITY

1. Disclaimer of Liability
Neither Twin Marquis, its brands, affiliates, agents, directors, officers, employees nor contractors (including any party involved in creating, producing or delivering the website or their content) shall be liable to you or any other party for (i) any improper or incorrect use of the information described and/or contained herein or (ii) any consequential, indirect, incidental, special, or punitive damages (including without limitation those resulting from lost profits, lost data or business interruption) in connection with the website, even if Twin Marquis, its brands, affiliates, agents, directors, officers, employees or contractors are aware of the possibility of such damages. These limitations apply to all claims, damages, liability or injuries, including, without limitation, claims in warranty, contract and tort (such as negligence, product liability and strict liability). Some states do not allow the exclusion or limitation of incidental or consequential damages, so those particular limitations may not apply to you. Without limiting the foregoing, the website, including the content provided on the website, are provided on an “as is, as available” basis without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You assume responsibility for the entire cost of all necessary maintenance, repair, or correction to your computer system or other property.

2. Disclaimer of Accuracy of Content
Twin Marquis makes no warranties or representations as to the accuracy, completeness or timeliness of the content provided on the Website. Twin Marquis assumes no liability or responsibility for any errors or omissions on the Website. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any content. This disclaimer applies to both isolated and aggregate uses of the content.

3. Indemnity
You agree to defend, indemnify and hold Twin Marquis, its Affiliates, officers, directors, successors in interest, licensors, employees, agents, harmless from and against any and all demands, causes of action, loss, claims, damages, liability or expenses (including but not limited to attorneys’ fees) due to, resulting from, arising out of or in connection with (i) your use and access of the Website; and (ii) breach of these Terms of Use.

4. No Waiver
Our failure to enforce any provision of these Terms of Use or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

VIII. APPLICABLE LAW

Any dispute arising out of your use of the Website or content from the Website shall be resolved according to the laws of the State of New York, United States of America, without giving effect to that state’s principles of conflicts of laws. The federal and state courts in Kings County, New York shall have exclusive jurisdiction over all claims.

IX. INTERNET PRIVACY AND SECURITY

The Privacy Notice is available on the Website at www.twinmarquis.com. This Privacy Notice may change from time to time, so review it with regularity and care. The Privacy Notice governs how the information that you provide to and the data from your use of the Website may be collected, used, disclosed and shared. By using the Website, you consent to this collection, use, disclosure and sharing as described in the Privacy Notice.

Due to the design of the internet, we cannot guarantee that communications between you and Twin Marquis will be free from unauthorized access by third parties or will be 100% secure. By agreeing to these Terms of Use, you expressly agree that your use of the Website is at your sole risk, and you agree that Twin Marquis shall not be liable if a security breach occurs or if the Website is unavailable, except as required by law.

X. TERMINATION

Twin Marquis may suspend or terminate your access to all or any part of the Website at any time and for any reason, including for violation of these Terms of Use. In the event of termination, you are no longer authorized to access the Website, and you shall have no recourse and Twin Marquis shall have no liability as a result of any such termination. All provisions of these Terms of Use relating to warranties, proprietary rights, and limitation of liability shall remain effective despite such termination.

XI. CONTACT US

Any questions regarding these Terms of Use should be directed to our contact form.

Effective Date: August 20th, 2020

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