Terms and Conditions of Use
Please read all of these terms of use (“Terms”) carefully before using our websites, email notifications, mobile
applications, social media applications, and other online services (the “Services”) because it affects your legal rights
and obligations. Access to and use of this World Wide Web site is provided by ALOH NY LLC (as defined below) subject to
these terms and conditions. Please read these terms and conditions carefully as use of this site or downloading materials
from this site constitutes acceptance and agreement of all of the Terms (“Agreement”). If you disagree with any of the
terms and conditions, do not use the Services or download materials from this site or other ALOH NY LLC’ sites or
applications.
1. About Us
ALOH NY LLC registered in New York as a limited liability company and has its registered office at 60 Cuttermill Road, Great
Neck, NY 11021.
2. These Terms and Your Acceptance
Our Services are owned, operated and provided by ALOH NY LLC and its subsidiaries and affiliates (“ALOH NY LLC,” “our,” “us”
or “we”). Our Services are hosted or provided on servers located inside the United States.
The Services of ALOH NY LLC’ subsidiaries and affiliated companies are each owned, operated and provided by such
subsidiaries and companies. However, these Terms ONLY govern the use of ALOH NY LLC’ Services that specifically link to
these Terms. Other ALOH NY LLC’ Services may link to or otherwise provide their own, separate terms.
You agree to these Terms by accessing or using any of our Services. If you do not agree to be bound by all of these Terms,
including our Privacy Notice incorporated herein by reference, you should not access or use the Services.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. This Agreement requires the
use of binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also
limits the remedies available to you in the event of a dispute.
3. Our Services
Our Services are provided for your personal information and non-commercial use. The content of our Services is provided
for general information only. There will be occasions that our Services may be interrupted due to scheduled maintenance or
upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences.
Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual
interfaces, logos, designs, product names, and technical specifications (“Materials”) which are derived in whole or in part
from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and
other applicable rights and laws. The entire content of our Services is copyrighted as a collective work under the
relevant copyright laws of the relevant jurisdictions. Trademarks, logos, and service marks displayed in our Services are
registered and unregistered trademarks of ALOH NY LLC, its subsidiaries and affiliated companies, its licensors or content
providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective
owners. Nothing in our Services shall be constructed as granting any license or right to use any trademark, logo, or
service mark displayed without the owner’s prior written permission.
The use of any such Materials on any other website or networked computer or environment without our express written
consent is prohibited. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or
distributed in any way nor may they be decompiled, reverse engineered or disassembled, except that you may download one
copy of the Material on any single computer for your personal, non-commercial use, provided you keep intact all copyright,
trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization
is not a transfer of title in the Materials, and, by your use of our Services, you acknowledge that you do not acquire any
license, ownership or other rights in or to the Materials.
Use of Our Services
In order to access some features of our Services, you may have to create an account. You may not:
- Create an account for anyone other than yourself;
- Use another User's account without permission, or solicit, collect or use the login credentials of other users; or
- Sell, transfer, license or assign your account, username, or any account rights.
When creating your account, you must provide true, current, accurate and complete information, and you must update your
information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secure and you
are responsible for the activity that occurs on your account. You may be liable for our losses or the losses of others due
to unauthorized use. If you become aware of or suspect any breach of security or unauthorized use of your password or of
your account, you should notify us immediately at the address listed at the bottom of this page.
You agree you have the legal right and capacity to enter into these Terms and to comply with all laws, rules and
regulations (e.g., federal, state, local and provincial) applicable to your use of our Services and any content you submit,
post or display (e.g., images, photographs, graphics, audio, video, text, information, works of authorship, applications,
links, and other communications, content or materials) (collectively, “User Submissions”), including without limitation,
copyright laws and export laws.
You may not:
- Circumvent, disable or otherwise interfere with any security-related features of our Services or features that
prevent or restrict use or copying of any Materials and User Submissions or enforce limitations on use of our
Services and the Materials or User Submissions; - Engage in any activity that interferes with or disrupts our Services (or the servers and networks which are
connected to our Services), including by transmitting any worms, viruses, spyware, malware or any other code of a
destructive or disruptive nature; - Inject content or code or otherwise alter or interfere with the way any part of our Services is rendered or
displayed in a user's browser or device; - Change, alter or modify any part of our Services for any reason;
- Use or launch any type of automated system, including but not limited to, "robots," "spiders," or "offline readers,"
etc., that accesses our Services in a manner that sends more request messages to our servers in a given period of
time than a human can reasonably produce in the same period by using a conventional online web browser; - Frame or deep link into any of the ALOH NY LLC websites;
- Access (or attempt to access) any of our Services, including Materials and User Submissions, by any means other
than through the interfaces that are provided by us; or - Use our Services for any illegal or unauthorized purpose.
4. Definitions
The Services consist of information, resources, services, and content provided by ALOH NY LLC, affiliates of ALOH NY LLC and
other third parties and may be used only for informational purposes and only for the benefit of ALOH NY LLC.
5. General
(A) This Agreement, which incorporates by reference other provisions applicable to use of the Services, including, but not
limited to, supplemental terms and conditions set forth herein governing the use of certain specific material contained in
the Services, sets forth the terms and conditions that apply to use of the Services by you. By using the Services (other
than to read this Agreement for the first time), you agree to comply with all of the terms and conditions set forth herein
or on the services and agree not to interrupt or attempt to interrupt the operation of the Services in any way.
(B) The right to use the Services is limited to you and is not transferable to any other person or entity. You are
responsible for all use of the Services by yourself (under any screen name or password) and for ensuring that all use
complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your
password(s), if any.
(C) In its sole discretion, ALOH NY LLC shall have the right at any time to limit access to, to change or to discontinue any
aspect or feature of the Services, including, but not limited to, content, hours of availability, and equipment needed for
access or use.
(D) Unless otherwise specified, the Services and use thereof are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the Services.
6. Revisions to Terms
ALOH NY LLC shall have the right at any time to change or modify these Terms or to impose new conditions, including, but
not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not limited to, posting the changed or modified
terms and conditions on this website or otherwise made available electronically via the Services, or by electronic or
conventional mail, or by any other means by which you obtain notice thereof. Any use or access of the Services by you
after such notice shall be deemed to constitute acceptance by yourself of such changes, modifications, or additions.
These Terms will remain in full force and effect so long as you continue to access or use our Services, or until
terminated in accordance with the provisions of these Terms. At any time, we may: (i) suspend, withdraw, discontinue,
change, or terminate either our Services in general or (ii) suspend, withdraw, discontinue, change, or terminate these
Terms and your rights to access or use our Services for any reason, particularly if we believe that you have restricted or
inhibited any other user from using or enjoying our Services or in any other way have used our Services in violation of
these Terms. Upon termination of these Terms, your authorization to use our Services automatically terminates and you must
immediately destroy any downloaded or printed Materials.
7. Your Conduct and Submissions
(A) You may use the Services for lawful purposes only. You may not post or transmit through the Services any material
which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which is or encourages
conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, which might
damage, impair or otherwise harm or adversely affect this website or its operation, or which, without ALOH NY LLC’ express
prior approval, contains advertising or any solicitation with respect to products or services. Any such conduct, or any
conduct by you that, in ALOH NY LLC’ sole discretion, restricts or inhibits any other user from using or enjoying this
website, will not be permitted. You may not use this website to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become users of other websites or services competitive with
this website. More specifically : (i) you must use the website solely for the business purposes set forth on this site and
agree that no false, misleading or erroneous information will be transmitted to ALOH NY LLC, (ii) you may not post or
transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person,
(iii) you may not post or transmit any message, data, image or program which is indecent, obscene or pornographic, (iv) you
may not post or transmit any message, data, image or program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion, (v) you may not interfere with other user's use of the website,
(vi) you may not use any robot, spider, or other automatic device or process to monitor or copy ALOH NY LLC web pages or
any portion of the content contained herein without ALOH NY LLC’ express prior written permission, (vii) you may not post or
transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features, (viii)
you may not post or transmit any message which is harmful, threatening, abusive or hateful, (ix) you may not post or
transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, (x) you may not
post or list articles which are off-topic according to the description of the group or list or send unsolicited mass
emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients, and
(xi) you may not use the facilities and capabilities of the website to conduct any activity or solicit the performance of
any illegal activity or other activity which infringes the rights of others.
(B) This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the entire contents of this website are copyrighted as a
collective work under the United States copyright laws. ALOH NY LLC owns copyrights in the selection, coordination,
arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish,
transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole
or in part. You may download copyrighted material only for your immediate viewing of this website. Except as otherwise
expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation
of downloaded material will be permitted without the express permission of ALOH NY LLC and the copyright owner. In the
event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership
rights by downloading copyrighted material or by accessing data available on this website.
(C) You may not upload, post or otherwise make available on this website any material or data protected by copyright,
trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material or data is not protected by copyright or other
proprietary right rests with you. You are solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission. By submitting material or data to this website,
including without limitation ideas contained therein for new or improved products and services, you automatically grant,
and/or warrant that the owner of such material has expressly granted ALOH NY LLC the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, transmit, create derivative works of,
publicly display, publicly perform, and distribute such material or data (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any
copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material
for that user's personal use. You hereby grant ALOH NY LLC the right to edit, copy, publish and distribute any material or
data made available on this website by you. You also grant to ALOH NY LLC the right to use your name in connection with any
submitted materials as well as in connection with all advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against ALOH NY LLC for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to ALOH NY LLC.
(D) The foregoing provisions of Section 7 are for the benefit of ALOH NY LLC, its subsidiaries, affiliates and its third
party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on
its own behalf.
8. Disclaimer of Warranty; Limitation of Liability
(A) YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER ALOH NY LLC ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
(B) THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN
THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO
THIS AGREEMENT.
(C) IN NO EVENT WILL ALOH NY LLC BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ALOH NY LLC IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
(D) IN NO EVENT WILL ALOH NY LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DISTRIBUTING THIS
WEBSITE OR THE WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ALOH NY LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN,
OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING
PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. ALOH NY LLC, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT OR BUSINESS DECISIONS BASED ON ANY INFORMATION PROVIDED AND RECOMMENDS YOU OBTAIN EXPERT ADVICE
PRIOR TO ANY SUCH DECISIONS. NEITHER ALOH NY LLC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. In such states, ALOH NY LLC’ liability is limited to the greatest extent permitted by
law.
9. Personal Information, Monitoring, Logging and Data Utilization
(A) Any personally identifiable information you may provide to ALOH NY LLC via this website is protected by the Privacy
Policy associated with this website. ALOH NY LLC does not want you to, and you should not, send any confidential or
proprietary information to I ALOH NY LLC via the website. You agree that any information or materials that you or
individuals acting on your behalf provide to ALOH NY LLC will not be considered confidential or proprietary. By providing
any such information or materials to ALOH NY LLC, you grant to ALOH NY LLC an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials,
and you further agree that ALOH NY LLC is free to use any ideas, concepts, or know-how that you or individuals acting on
your behalf provide to ALOH NY LLC. You further recognize that ALOH NY LLC does not want you to, and you warrant that you
shall not, provide any information or materials to ALOH NY LLC that is defamatory, threatening, obscene, harassing, or
otherwise unlawful, or that incorporates the proprietary material of another.
(B) ALOH NY LLC shall have the right, but not the obligation, to monitor the content and/or use of this website to determine
compliance with this Agreement and any operating rules established by ALOH NY LLC and to satisfy any law, regulation, or
authorized government request. ALOH NY LLC shall have the right in its sole discretion to refuse access or limit access to
you, and to edit, refuse to post or remove any material submitted to or posted on this website. Without limiting the
foregoing, ALOH NY LLC shall have the right to remove any material that ALOH NY LLC, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable. By use of ALOH NY LLC websites, servers, processors or
networks, you acknowledge and agree to the fact that ALOH NY LLC shall have the unrestricted right, but not the obligation,
to log web addresses and/or utilize other information and/or data relating to use of the website as described in our
Privacy Policy, and including, but not limited to the following legitimate business purposes: (a) to provide better support,
websites, services and/or products to users of its website, products and/or services, (b) to verify compliance with the
terms of this Agreement, (c) for use by ALOH NY LLC for statistical or other analysis of the collective characteristics and
behavior of its users, (d) to backup website, user and other data or information and/or provide remote support and/or
restoration, (e) to provide or undertake: usage analysis, histories or trending; engineering analysis, histories or trending;
failure analysis, histories or trending; warranty analysis, histories or trending; energy analysis, histories or trending;
predictive analysis, histories or trending; service analysis, histories or trending; product usage analysis, histories or
trending; and/or other desirable analysis, histories or trending, and (f) to otherwise understand and respond to the needs
of the users of ALOH NY LLC’ website, products and/or services. Such mining may entail the use of "cookies", "IP addresses",
or other numeric codes or tracking mechanisms to identify a computer and/or user. You can set your browser to refuse all
cookies or to indicate when a cookie is being sent. Users who do not accept cookies may be unable to fully avail
themselves of all of ALOH NY LLC’ websites, products and/or services and may have to reenter certain repetitive data each
time that data is needed.
10. Indemnification
You agree to defend, indemnify and hold harmless ALOH NY LLC, its affiliates and their respective directors, officers,
employees and agents from and against all losses, damages, claims and expenses, including attorneys' fees, arising out of
the use of this website by you and/or arising out of any violation of this Agreement by you.
11. Termination
Either ALOH NY LLC or you may terminate this Agreement. Without limiting the foregoing, ALOH NY LLC shall have the right to
immediately terminate, without notice, your use of this website in the event of any conduct by you which ALOH NY LLC, in its
sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. You may terminate
this Agreement by providing written notice to ALOH NY LLC; if you do so, your access to the website may be terminated
immediately. The provisions of Sections 5, 6, 7, 9, 10 and this Section 11, and any other provisions of this Agreement
which are intended by their nature to survive termination of this Agreement, shall survive termination of this Agreement.
12. Trademarks
ALOH NY LLC, and its logos are trademarks of ALOH NY LLC, All rights reserved. You may not use such trademarks without the
prior written permission of ALOH NY LLC. All other trademarks appearing on this website are the property of their respective
owners. These terms do not license or transfer any rights under the trademarks or other intellectual property rights.
13. Third Party Content, Third Party Sites, and External Links to this Site
(A) Neither ALOH NY LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of
any content supplied by third parties, by the users or thru links off from this website, nor its merchantability or fitness
for any particular purpose. (Refer to Section 8 above for the complete provisions governing limitation of liabilities and
disclaimers of warranty.) Moreover, you understand further that the Internet contains unedited materials some of which
potentially be offensive to you. You access such materials at your risk. ALOH NY LLC has no control over and accepts no
responsibility whatsoever for such materials.
(B) ALOH NY LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made
on this website by anyone other than authorized ALOH NY LLC employee spokespersons while acting in their official
capacities. UNDER NO CIRCUMSTANCES WILL ALOH NY LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION
OBTAINED THROUGH THIS WEBSITE. It is the responsibility of YOU to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice, or other content available through this website. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.
(C) As a convenience to you, ALOH NY LLC may provide, on this Site, links to Web sites operated by other entities. If you use
these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk, and it is your
responsibility to take all protective measures to guard against viruses or other destructive elements. ALOH NY LLC makes no
warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or
any of the products or services described thereon. Links do not imply that ALOH NY LLC or this Site sponsors, endorses, is
affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo
or copyright symbol of ALOH NY LLC or any of its affiliates or subsidiaries.
14. Copyrights and Copyright Agent
ALOH NY LLC respects the rights of all copyright holders and in this regard, ALOH NY LLC has adopted and implemented a
policy that provides for the termination in appropriate circumstances of The Users who infringe the rights of copyright
holders. We will investigate any allegations of copyright infringement brought to our attention. If you have evidence of,
know of, or have a good faith belief that your rights or the rights of a third party have been violated and you want ALOH
NY LLC to review, delete, edit, or disable the material in question, you must provide ALOH NY LLC with all of the following
information per the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17
U.S.C. ¤ 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed; - Identification of the copyright 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 or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate
the material; - Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has 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 - A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. - Your address, telephone number and email address.
For copyright inquiries under the Digital Millennium Copyright Act or for web posting, reprint, transcript, or licensing
requests for ALOH NY LLC material, please contact:
Copyright Agent Legal Department 60 Cuttermill Road Great Neck, NY 11021 For any questions or requests other than
copyright issues or licensing requests, please contact: Legal Department ALOH NY LLC 60 Cuttermill Road Great Neck, NY 11021
15. Governing Law and Arbitration
We control and operate some of the Services from our offices in the United States of America. Persons who access this Site
from other locations do so on their own initiative and are responsible for compliance with local laws. The laws of the
state of New York, excluding its conflicts-of-law rules and further excluding the 1980 U.N. Convention on Contracts for the
International Sale of Goods, will govern these Terms and your use of the Services. By using the Services, you agree and
consent (i) that any claim or dispute with ALOH NY LLC or relating in any way to your use of the Services will be heard
exclusively in Nassau County County state courts located in the State of New York; and (ii) to the exercise of personal
jurisdiction in the courts of the state of New York, in connection with any such dispute.
At ALOH NY LLC sole discretion, it may require that any claim or dispute between you and ALOH NY LLC that arises in whole or
in part from our Services be decided exclusively through binding, individual arbitration. You agree that such disputes
between you and ALOH NY LLC will be resolved by binding arbitration and you waive your right to participate in class action
lawsuits or class-wide arbitration. Any cause of action you may have with respect to your use of our Services must be
commenced within six (6) months after the claim or cause of action arises to ALOH NY LLC’ designated agent at the address
listed at the bottom of this page.
16. Miscellaneous
ALOH NY LLC makes no representation that materials at the Services are appropriate or available for use at other locations
outside of the United States and access to them from territories where their contents are illegal is prohibited. You may
not use the website or export the materials from the website in violation of United States export laws and regulations. If
you access the Services from a location outside of the United States, you are responsible for compliance with all local
laws. This Agreement and any operating rules for the Services established by ALOH NY LLC constitute the entire agreement of
the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the
parties with respect to such subject matter. By use of the Services or this website and any data or material contained
therein, you agree that its use shall conform to all applicable laws and regulations and you shall not violate the rights
of any third parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be
given any legal import. Any cause of action you may have with respect to your use of the website must be commenced within
one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any
provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force
and effect.
Note: Additional conditions may be required to use certain services or sub websites on this website or otherwise made
available by the Services.
If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Our obligations and responsibilities regarding our products and services are governed solely by our terms and conditions
of sale or license under which such products and services are sold or licensed.
Contact Us
If you have any questions about the Terms, please forward such inquiries to:
ALOH NY LLC Legal Department 60 Cuttermill Road Great Neck, NY 11021
The inquiries should include the individual's name, address, and other relevant contact information (phone number, email
address). ALOH NY LLC will use all reasonable efforts to honor such requests as quickly as possible.