Terms Of Service

PARISHILTONFRAGRANCES.COM TERMS OF USE

Effective Date:  November 11, 2022

ParisHiltonFragrances.com (the “Website” or “Site”) is operated by Aladdin Fragrances, Inc. d/b/a Parlux under license from Paris Hilton.  These Terms are a legal agreement between Parlux located at 630 Third Avenue, Suite 602, New York, NY 10017, on behalf of itself and its parent holding company and each of their affiliates (collectively, “Parlux”, “we”, “us” and “our”) and you, and if applicable, the entity on whose behalf you are entering into these Terms of Use (also referred to as “your”).  This website is operated by Parlux and hosted on the Shopify Inc. online e-commerce platform.  Parlux Ltd.  can be contacted for customer service at Support@ParisHiltonFragrances.com. 

PLEASE READ THESE WEBSITE TERMS OF USE (“Terms of Use”) CAREFULLY.  BY VISITING, USING, AND/OR PURCHASING SOMETHING FROM THIS WEBSITE, YOU ARE ENGAGING IN OUR WEBSITE AND WEBSITE SERVICES AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use” or “Terms”), INCLUDING ALL ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK (COLLECTIVELY, THE “AGREEMENT”). 

1. Access to the Website and Agreement with the Terms of Use

Parlux offers this Website, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.  Please read these Terms of Use carefully before accessing or using the Website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the Terms, then you may not access the Website or use any Site services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.  You are responsible for informing any person(s) who accesses our Website on your computer(s) or device(s) about these Terms of Use and all other policies and conditions incorporated herein, including by hyperlink and that such person(s) are agreeing to be bound by and agreeing to comply with these Terms of Use through such access.  The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. Changes to the Terms of Use.

Any new features or tools which are added to the Website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

1. 
   General Conditions of User Access to the Website

We reserve the right to refuse service to anyone for any reason at any time.

You understand that any content you submit through or to the Website (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and associated Website Services, use of the Website, or access to the Website or any contact on the Website through which the Website Services are provided, without express written permission by us.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website and associated Website Service, violate any laws in your jurisdiction (including but not limited to trademark and copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your access to the Services.

1. Age Minimums For Use of Website.

By agreeing to these Terms of Use, and by your act of accessing this Site, you represent that you are (i) at least the age of majority in your state or province or other legal site of residence, or (ii) the age of majority in your state or province or other legal site of residence and you have given us your consent to allow any of your minor dependents to use this Website.  If you are under the age of 13 (a “Minor”), you are not permitted to use the Website or to submit any personally identifiable information to the Website.  If you provide information to us through the Website, you represent that you are 13 years of age or older.  If you are between 13 and 17 years of age, you may not submit any personal information to the Website and when you do visit, browse and use the information on the Website, you represent that you are doing so with the permission of a parent or guardian and such parent or guardian agrees to these Terms of Use on your behalf. 

1. Your Account Credentials and Personal Information.

Access to and use of aspects of the Website may require you to register and create a user account (“Account”) with the Website.  If you opt to register and create a user Account with the Website, you must provide and submit certain information, which must be complete, current and accurate and maintained by you to ensure it is accurate at all times.  You agree to maintain your log-in information confidential (“User Account Credentials”) and you further agree that you will not allow any other person or third party to use your Account or User Account Credentials.  You may not create an account for another person (including a Minor as defined above) or otherwise create any fraudulent Accounts or User Account Credentials.  We will not be liable for any loss or damage that results from the unauthorized use of your Account, with or without your knowledge; you are fully responsible for your failure to safeguard your User Account Credentials or for permitting any other person or entity to access or use your Account and you agree that we may attribute all access to the Website through your Account or User Account Credentials (including product purchases) to you.  We have the right to suspend or cancel your Account and/or User Account Credentials at any time for any or no reason as determined in our sole and exclusive discretion. 

Any personal information that you submit to the Website in establishing your Account and/or User Account Credentials will be governed by the Website Privacy Policy.  Please access this hyperlink: Privacy Policy to view our Privacy Policy.

1. Text Messaging.

If you provide your cell phone number when creating your Account and establishing your User Account Credentials, by so providing your cell phone number you agree to receive autodialed, pre-recorded, non-marketing, service-related text messages from or on behalf of the Website, Parlux and Paris Hilton at the cell phone number that you have provided.  You further agree to receive autodialed and pre-recorded text messages from or on behalf of the Website, Parlux and Paris Hilton at the number provided for marketing or promotional purposes.  Message and date rates may apply.  The frequency of text messages delivered to you will depend on your transactions with us.  All charges are billed by and payable to your wireless service provider (including any international rates if you are out of your service network at the time of transmission).  Text message services are provided on an “as is” basis.  If you do not wish to continue receiving text messages, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message or follow any other provided “opt out” instructions.  You may receive additional mobile messaging to confirm your decision to opt out.

BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE WE MAY USE AUTOMATIC DIALING SYSTEM(S) TO DELIVER TEXT MESSAGES TO YOU AND YOUR CONSENT TO RECEIVE SUCH TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.

2. Ownership and Accuracy of Material on the Website.

All trademarks and service marks, trade names, logos, trade dress, copyright, design rights and other intellectual property rights in the Website (the “Website Intellectual Property”), including but not limited to its contents, features, experiences and functionality, as such terms and rights are defined and protected in each jurisdiction where this Website is accessible are either owned by Parlux, its licensor or is licensed to us by third-party rights holders.  All such rights are protected by United States and international intellectual property laws and all rights identified herein and all other rights not expressly granted herein are reserved to their respective owners.  Any use of the Website and its contents, other than as authorized herein, is strictly prohibited.  Third-party trademarks and other intellectual property rights (“Third-Party Rights”) may appear on the Website and such trademarks and rights are owned by the respective third-party holders, who may or may not endorse the Website, or otherwise be affiliated with or connected to the Website or Parlux.  Use of any Third-Party Rights is not permitted by any user of this Website nor should access to the Website be constructed by any Website user as granting a license or right to use any Website Intellectual Property or any Third-Party Rights without the respective owner’s prior written permission, in each and every instance. 

1. Accuracy, Completeness and Timeliness of Information on the Website.

         We are not responsible if information made available on this Site is not accurate, complete or current. This Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting or aggregating services.  All statements and/or opinions expressed in any third-party materials, identify the opinions solely of the source of such third-party materials.  All The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

We are not responsible or liable to you or any third party for the content or accuracy of any materials or content provided by third parties to the Website and we disclaim all liability and responsibility arising from your reliance on the Website content or accuracy of the Website content, which you are accessing and using at your own risk.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website we control is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information on the Website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website or on any related website, should be taken to indicate that all information presented on the Website or on any related website has been modified or updated. 

1. Third-Party Links.

Certain content, products and services available via our Website may include materials from third-parties available and/or accessible through third-party links, which may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

1. Third-Party Tools.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

1. User Comments, Feedback and Other Submissions.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

1. Accessibility to the Content.

                        You may only use the Website content for personal, private and non-commercial uses; any other uses, including reproducing, modifying, publicly displaying or performing, republishing or creating derivative works thereof are prohibited without the prior written consent of Parlux or the individual rights holders for the applicable Website content.  Notwithstanding the foregoing, your access to and of this Site may result in the following permissible uses of the Site contents, including, temporary storage of Website materials in RAM in support of your ability to access and view such materials and/or the storage of automatically cached files from the Website by your Web browser in facilitation of your Website user experience.  You are not permitted to use any photographs, audiovisual content, graphic material, illustrations, audio clips or other protected content that appear on the Website.  Any use of the Website not expressly permitted by the Terms of Use is a breach of such Terms and may further constitute infringement of the Website Intellectual Property and Third-Party Rights.

                     We make no representations and provide no warranties that the Website will be made available at any specific time or from any specific geographical location or that the Website will be accessible or optimized on all browsers, computers, tablets, phones, devices or other viewing platforms.  Our Website is provided for users in the United States and [Canada].  Although it may be possible to access the Website from other countries, we make no representation that our Website is compliant with any legal requirements in force in any jurisdiction other than the United States [and Canada], or that the content available on the Website will be appropriate for users in other countries, territories or regions.

1. Prohibited Uses of the Website.

         In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Website Intellectual Property or Third-Party Rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Website Services or of any related website, other websites (e.g., those accessed through third-party links hosted on the Website), or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or the Website Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

1. Product Purchases, Modifications to the Services and Pricing Changes.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that are available for purchase through the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, in the sole discretion of Parlux. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

         Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Website service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.  Please refer to our Shipping and Returns Policy for additional information regarding product purchases from the Website.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases from our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Shipping and Returns Policy.

1. Promotions.

You may have the opportunity to participate in sweepstakes, contests, or promotions (collectively, “Promotions”) offered through the Website.  All such Promotions will be subject to printed conditions published on this Website or any affiliated third-party application or website, including conditions for entry and/or participation in such Promotion(s).  Failure to abide by the terms and conditions of entry and/or participation may result in the user’s disqualification from the Promotion and/or suspension or cancellation of User Account privileges to this Website.

1. Disclaimer of Warranties; Limitation of Liability.

We do not guarantee, represent or warrant that your use of our Website and Website Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.

You agree that from time to time we may remove the service or suspend Website Services for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service and Website is at your sole risk. The Website, service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

         In no case shall Parlux, Paris Hilton, and each of their parents, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, Website Service or any products procured using the Website Service, or for any other claim related in any way to your use of the Website Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

1. Indemnification.
   
   You agree to indemnify, defend and hold harmless Parlux, Paris Hilton, and each of our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use, Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

1. Disclaimers and Notices.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL THE FAULTS” BASIS.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE WEBSITE CONTENTS, USER CONTENTS, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INOFMRATION ON THE WEBSITE. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT SYSTEM INTEGRATION AND FREDDOM FROM COMPUTER VIRUS.

WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE PROVIDED ON A TIMELY, RELIABLE OR SECURE BASIS, OR IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE OR USEFUL. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT YOU RESIDE IN SUCH A JURISDICTION. 

1. Legal Notices; DMCA Notice.

We may give you all required legal notices (including service of process) by any lawful method, including posting of notices on the Website or by sending it to any email address that you provide when establishing your Account with the Website or that you provide when otherwise interacting with us or the Website.  You agree to send notices to us by mailing them to Parlux Ltd., 630 Third Avenue, Suite 602, New York, NY 10017, Attention:  Legal Department.

If you are a copyright owner or an agent thereof and believe that any content on the Website infringes upon your copyrights under United States Copyright law, you may submit a notification pursuant to Title 17, United States Codes, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed;
2. Identification 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;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonable sufficient to permit Parlux to locate the material;
4. Information reasonably sufficient to permit Parlux to contact you, such as an address, telephone number, and, if available, an e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The email address for Parlux’s designated agent to receive notification of claimed copyright infringement is: Support@ParisHiltonFragrances.com.  You acknowledge that if you fail to comply with all of the requirements of this Section 10(b), your DMCA notice may not be valid.

1. Notice to California Residents.

NOTICE TO CALIFORNIA RESIDENTS:  BY USING THE WEBSITE YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  Pronoun choice in this notice is not meant to be exclusive but is used to comply with legally-required phrasing under California law.

If the Website is at any time deemed an electronic commercial service (as defined under Cal. Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

Website Provider:   Parlux Ltd.

E-Mail:                     Support@ParisHiltonFragrances.com

Postal Address:       630 Third Avenue, Suite 602, New York, NY 10017

If the Website is deemed an electronic commercial service, you may file a complaint regarding the Website or request further information regarding use of the Website by sending an inquiry to the attention of “Legal Department” at the above address.

1. Accessibility Statement.

We value accessibility to the Website for all of our users.  To ensure every visitor to our Website can review the Website content, we have incorporated assistive technology into the Website to facilitate access for all users.  We internally monitor and further use third-party scanning tools to audit the Website semi-annually, testing the accessibility of the Website using the Web Content Accessibility Guidelines (WCAG) 2.0 as a reference standard.  A third-party firm will also conduct manual testing of the Website from time-to-time to maximize the Website’s accessibility and its compliance with the WCAG 2.0 standards at the AA level or higher, as explained further below.

We strive to make the Website user-friendly for all, including individuals who have disabilities.  WCAG establishes best-in-class standards for on-line accessibility, based on three levels of accessibility measurement, namely, A, AA and AAA.  We strive to publish as much of the Website content that we create, author or directly produce in conformance with at least the level AA standards, however certain of the content on the Website cannot achieve performance at these standards based on current available technology or is provided by third-parties and may not conform to this standard.  When auditing and testing of the Website shows that content on the Website is not performing to the AA level or higher, we will work to implement improvements to the Website to facilitate accessibility for all.

To the extent possible, we will favor providers based on their capabilities to support AA-level accessibility or better on the Website.  Irrespective of the foregoing, we will ensure that all third-party content providers for the Website are aware of this Accessibility Statement.  Please be aware that links included on the Website may direct users to a different website or digital platform hosted and controlled by a third party or third parties.  These sites and digital platforms, which we do not control and do not manage, may not achieve the same level of accessibility compliance as the Website and are subject to the published and/or written policies and practices of those third-parties.

1. Severability.

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

12.   Termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website or Website Services (or any part thereof).  Any termination of your access to the Website or Website Services will result in the termination of your Account and your User Account Credentials.

1. Entire Agreement.

         The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  These Terms of Use and any policies or operating rules posted by us on this Website or in respect to the Website Services constitutes the entire agreement and understanding between you and us and govern your use of the Website and Website Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

1. Governing Law.

 These Terms of Use and any separate agreements whereby we provide you with Website access or Services shall be governed by and construed in accordance with the laws of the United States in the State of New York.

1. Changes to the Terms of Use.

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Website Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.