Introduction
PAGE BREAK CLUB LLC a limited liability company (“Page Break,” “we,” “our,” “us”), operates the website located at the URL pagebreak.nyc (together with any other website or applications branded as Page Break (collectively, the “Website”). These Terms and Conditions govern your access and use of the Website, along with our related websites, mobile applications, and other services and/or products (collectively, the “Properties”).
For purposes of these Terms and Conditions, the words “purchaser”, “user”, “you”, and “your”, means you as the use of the Website or purchaser of any services and/or products offered on the Website, on your own behalf or as an authorized representative of a company or other entity.
Page Break shall have the right, at its sole discretion, to modify these Terms and Conditions without notice or liability but has no obligation to do so. Any modifications to the Terms and Conditions shall be effective immediately following the posting of such modifications. Users agree to review the Terms and Conditions from time to time and agree that any subsequent use by Users of the Services shall constitute User’s acceptance of all such modifications.
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF 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.
Privacy
Use of the Website is subject to Page Break's Privacy Policy that governs Page Break’s data collection practices.
Acceptance of these Terms of Use
BY CREATING AN ACCOUNT, LOGGING INTO YOUR ACCOUNT, OR BY BROWSING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE PROPERTIES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THESE TERMS OF USE, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PROPERTIES AND YOU MUST IMMEDIATELY STOP ACCESSING THE PROPERTIES.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES ARE AT USER’S SOLE RISK. PAGE BREAK RESERVES THE RIGHT TO RESTRICT OR TERMINATE USER’S ACCESS TO THE WEBSITE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER PAGE BREAK DEEMS THAT USER’S USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS AND CONDITIONS.
Access to Website
You may only use the Website and the Properties if you are 18 years of age or older. You must be 21 years of age or over to register for an account, purchase products and or services via the Properties, subscribe to receive any Content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”) or use the Website.
Page Break makes no claims that the Website and/or Properties may be lawfully accessed in any specific country, state, or province. Access to the Website and/or Properties may not be legal by certain persons or in certain countries, states, or provinces or may require government authorization or registration.
When users access the Website and/or the Properties, they do so at their own risk and are solely responsible for compliance with the laws of User’s jurisdiction, including but not limited to transferring or uploading data.
No Unlawful or Prohibited Use
Users are granted a non-exclusive, non-transferable, revocable license to access and use the Website and/or the Properties solely for personal and non-commercial use. You may only use the Website and/or the Properties in the manner in which the Content (as defined below) you access is intended and in compliance with these Terms and Conditions and with any and all applicable federal, state, local and international laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any Content, software, products or services contained with the Properties without the express written consent of Page Break. You may not use the Properties or any of its Content to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Page Break and/or its Content providers. The licenses granted by Page Break terminate if you do not comply with these Terms and Conditions and/or any other Properties terms and conditions.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/or the Properties.
Users may not use the Website and/or the Properties in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website of the Properties. Users are prohibited from violating or attempting to violate the security of the Website, by among other things, uploading any materials which contain files or programming designed to interrupt, destroy or affect the functionality of the service, contain viruses, worms, spyware, or other malware, attempt to interfere with service to any User, host or network, or make the Website available to any third party who is not subject to these Terms and Conditions.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Page Break will investigate occurrences that may involve such violations and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
By using the Website and/or the Properties, you represent that you are not a person barred from using the Properties under the laws, rules and regulations of the United States, your place of residence or any other applicable jurisdiction. No other rights, assignment, licenses or legal relationship of any nature, including, but not limited to, agency, partnership, joint-venture, employer-employee, franchisor-franchisee or otherwise, either express or implied, are created through your use of the Properties unless expressly reserved in these Terms and Conditions.
Registration/User Accounts
You may create an account by providing us with your name and e-mail address and any other required information.
Users are responsible for maintaining the confidentiality of account and password information and Users agree to accept responsibility for all activities that occur under User’s account or password.
Users may not assign or otherwise transfer their account to any other person or entity and acknowledge that Page Break is not responsible for third party access to User’s account that results from theft or misappropriation.
All data uploaded is done so voluntarily at User’s own discretion and risk. Users are solely responsible for the information uploaded to the Website and warrant and represent Users have the right and authorization to upload all such information.
Users warrant and represent that all information uploaded to the Website is current and accurate and will be kept up to date.
Page Break may disclose or delete customer data if reasonably necessary to prevent injury or harm, to protect the performance of the Website, or if required by law.
Page Break reserves the right, in its sole discretion, to terminate your access to the Properties or any portion thereof at any time, without notice. You may terminate your account at any time by sending an e-mail to info@pagebreak.nyc.
Eligibility to Book Retreats
In order to book a retreat, you must be 21 years of age or older, be lawfully able to enter into and form contracts on the Internet in accordance with the laws of the State of New York.
In order to book a retreat, you will be required to provide information about yourself that is true, accurate, current and complete in all respects, including your name, address and e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and confirm that you are the person referred to in the billing information provided. Products and/or services purchased by you must be for personal use only.
Bookings
Due to the limited number of spaces per retreat, retreat bookings will operate on a lottery system. When placing an order, you must follow the instructions on the Website as to how to place your order and for making changes to your order before you submit it to us through the Properties. All orders are subject to acceptance and availability.
When you submit an order to us through the Properties, you agree that you do so expressly subject to these Terms and Conditions at the date you submit your order. You are responsible for reviewing the latest Terms and Conditions each time you submit an order.
We may, in our discretion, refuse to accept an order from you for any reason. Page Break will not be liable to you or any third-party by reason of our withdrawing any products or services from the Properties, whether or not the products and/or services have been sold, removing, screening or editing any materials or content on the Properties, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Until the time when we accept your order, we reserve the right to refuse to process your order.
Pricing
Page Break reserves the right to determine the price of products and/or services sold through the Properties. Unless otherwise indicated, prices shown on the Properties are in US Dollars and are exclusive of taxes. Sales tax will only be charged on orders when applicable.
All prices and offers remain valid as advertised from time to time, except in cases of patent error as set forth below. If the price for a product or a service in your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed with the order at the amended price. While every effort is made to ensure that details on the Properties are accurate, we may from time to time discover an error in the pricing. If we discover an error in the pricing of a Product in your order, we will notify you as soon as possible. We will not be under any obligation to accept or fulfill an order for a product or a service that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted. If you order a product or a service that is priced incorrectly for any reason, we will e-mail or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you or your credit/debit card company have already paid for the product(s) and/or services, we will refund the full amount as soon as reasonably practicable.
If you are a customer whose credit/debit card is not denominated in US Dollars, your final price may be calculated in accordance with the applicable exchange rate on the day your credit/debit card issuer processes the transaction.
Payment Processing and Authorization
We accept most major debit and credit cards (depending on jurisdiction, some exceptions apply). For payments through third party payment providers, you will be directed to their website. Page Break will not be responsible in any way for payments processed via external third-party payment provider’s sites. It is your responsibility to familiarize yourself with the third-party payment provider’s terms and conditions, and privacy policy.
All credit/debit card transactions on the Website are processed using Stripe, a secure on-line payment gateway that encrypts your credit/debit card details in a secure host environment. These details will only be used to process credit/debit card transaction which you have initiated. We do not store your credit card information on our Website but rely on Stripe to do so.
We take reasonable care, insofar as it is within our control to do so, to keep the details of your order and payment secure. However, in the absence of gross negligence on our part, we cannot be held liable for any loss you may suffer if a third-party procures unauthorized access to any data and/or personal information that you provide when accessing or ordering from the Properties.
You acknowledge and agree that for any payment information you input, the account being used is yours or that you have been specifically authorized by the owner of such account to use it. All credit card account holders are subject to validation and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery or delay of orders.
Promotions
Page Break, at its sole discretion, may offer promotional pricing, codes or other offers to you (“Promotions”). We reserve the right at any time without notice to retract or change any Promotions. Page Break at its sole discretion, will determine whether a promotion is combinable with other promotions or sales. We reserve the right to provide you with operating rules or additional terms that govern certain promotions we may offer from time to time, unique of aspects of our properties, or both (“Additional Terms”). To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Payment and Cancellations by Users
Upon booking confirmation, you will be billed for your booking in full. Any payments received are final and non-refundable. However, as long as you provide notice to us with at least _7___ days advance notice of your planned check-in date, you can find your own replacement to transfer your booking to.
13. Changes/Retreat Cancellations
Page Break reserves the right to make any changes deemed necessary by our team, retreat leaders, teachers or partners. In the event that we need to make a change to the venue, the teacher, the itinerary, or any aspect of the retreat due to unforeseen circumstances (date changes, natural disaster, illness, civil unrest, death, closure, or any other unforeseen circumstance) we will offer the following to our guests that do not want to attend based on changes: transfer your payment to a future retreat to be taken within 1 year from the date of the current retreat.
In the rare case of a cancellation or postponements on the part of Page Break we will offer a full refund or transfer to another retreat. Page Break will not be responsible for any expenses or damages incurred as a result of trip cancellation or postponement including preparation costs, airline tickets, travel documents or other expenses. Page Break reserves the right to cancel any retreat prior to departure in the event that there are too few people booked in which case you will be given a full refund of any and all payments made to Page Break . You will not be entitled to claim any additional amounts or seek any compensation for any injury, loss, expenses or damage (either direct or consequential) or for any loss of time or inconvenience which may result from such cancellation.
14. User Generated Content
If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Properties (“User Generated Material”) that may be accessible and viewable by the public.
With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms or any of our other posted policies.
User Generated Material must not:
Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
Violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to any property;
Include other peoples’ personal information, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual;
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Page Break or any other person;
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
Misrepresent your identity or affiliation with any person or organization, including Page Break ;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Page Break or the networks or services connected to the Properties or install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties; or
Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
Be otherwise objectionable as determined by Page Break at its sole discretion.
We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Properties.
We may refuse, alter, or remove a User Submission without notice for any reason at Page Break’s sole discretion, including our belief that a User Submission may violate these Terms or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Properties, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Properties, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Properties and your interactions with other users.
Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Properties that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Properties, whether or not it violates our Terms.
If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Properties and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Properties, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Properties and from any claims related to the conduct of any other users.
Because user authentication on the Internet is difficult, Page Break cannot and does not confirm that each user is who they claim to be or control the behavior of users. In the event Users have a dispute with other users, Users release Page Break, its subsidiaries, affiliates, officers, directors, employees, agents, representatives and partners, from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes with third parties. As a California resident, Users waive California Civil Code d1542, 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."
15. Intellectual Property Rights
The Properties and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Page Break , our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
No right, title or interest in or to the Properties or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Properties that is not expressly permitted by these Terms may be a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
In addition to the intellectual property rights mentioned above, for purposes of these Terms and Conditions, “Content” is defined as all information such as the “look and feel” of the Properties, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Properties.
16. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
If Users believe that any copyrighted work is accessible on or through these Services in a way that constitutes copyright infringement, please notify Page Break by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
A description of the copyrighted work Users claim has been infringed, and a description of the activity that Users claim to be infringing;
Identification of the URL or other specific location on this website where the material or activity Users claim to be infringing is located or is occurring; Users must include enough information to allow us to locate the material or the activity;
User’s name, address, telephone number, and e-mail address;
A statement by Users that Users have a good faith belief that use on the Website of the copyrighted work in the manner Users are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
A statement by Users, made under penalty of perjury, that the information Users have provided in User’s notice is accurate and that Users are either the copyright owner or are authorized to act on behalf of the copyright owner.
Upon receipt of notification of a Notice of copyright infringement, Page Break may remove or disable access to the alleged infringing material or terminate the alleged infringer's access to its account. The alleged infringer may provide a written Counter Notification meeting the following criteria:
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
User’s name, address, telephone number, and e-mail address;
Consent to the jurisdiction of Federal District Court for the judicial district in which the alleged infringer's address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person; and
A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Please note that the submission of a false or materially misleading Notice or Counter-Notice, and any such submission may result in liabilities, including perjury.
We have designated Mike Friedman as our agent to receive notices of claims of copyright infringement on our website. Users can contact info@pagebreak.nyc as follows:
Mail: 2483 CONEY ISLAND AVE, Brooklyn, NY 11223
Email: info@pagebreak.nyc
17. Links to Third Party Websites/Third Party Services
The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of Page Break and Page Break is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. Page Break is providing these links to Users only as a convenience, and the inclusion of any link does not imply endorsement by Page Break of the Linked Website or any association with its operators.
18. Acknowledgment of Risks/ Assumption of Responsibility
Although Page Break has taken reasonable steps to ensure safety, we acknowledge that retreats have risks, including certain risks which cannot be eliminated. The same elements that contribute to the unique character of these retreats can cause loss or damage to the participant including accidental injury, illness or in extreme cases, permanent trauma, disability or death and also can cause damage to or loss of property. You agree to assume responsibility for the risks. You acknowledge that participation in this retreat is purely voluntary. You assume and accept full responsibility for any injury, death, loss of personal property, and expenses suffered as a result of risks associated with this retreat. Throughout the retreat, participants are responsible for their own safety.
You represent that you have no physical conditions or medical precautions which would adversely affect your ability to take part in this treat.
Page Break reserves the right to accept or reject any participant at any time without liability, and in the event it determines, in its sole and exclusive discretion, that a participant is disruptive to the harmony of the trip, it may without any obligation to pay a refund or any other amount whatsoever, expel such participant from the trip. Page Break will carry no responsibility or liability for any participant who leaves the trip prior to its conclusion or for any activity undertaken by any participant which is not included on the trip itinerary
19. Limitation Of Liabilities
By using this Website, the Properties, and/or participating in retreat, you agree to absolve Page Break and its contractors of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on the Website or from participation in retreats You agree that neither Page Break nor its contractors will be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on the Website or participation in retreats. By using the Website and/or registering and/or participating in retreats, you agree that neither Page Break nor its contractors assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by Page Break or its contractors or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with Page Break or its contractors.
20. Indemnification
You agree to defend, indemnify, and hold harmless Page Break and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Page Break by any third party due to or arising out of or in connection with (i) your use of and access to the Properties, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; (vi) any other party’s access and use of the Properties with your unique username, password, or other appropriate security code; (vii) participation in retreats organized by Page Break.
Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms and Conditions, the Privacy Policy and/or any use by you of the Properties.
California Residents: you expressly waive CA Civil Code §1542, which states: “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.”
21. No Warranties
NEITHER PAGE BREAK NOR ITS CONTRACTORS MAKE ANY WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF THE WEBSITE OR THE PROVISION OR DELIVERY OR RESULTS OF RETREATS, SERVICES, OR PRODUCTS. NEITHER PAGE BREAK NOR ITS CONTRACTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE OR THE PROVISION OR DELIVERY OR RESULTS OF RETREATS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PAGE BREAK AND ITS CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
22. Recordings Release
You hereby grants to Page Break permission to record your participation and appearance during retreats on videotape, audiotape, film, photograph or any other medium (“Recordings”); exhibit or distribute such Recordings in whole or in part without restrictions or limitation for any legal purpose, including without limitation educational or promotional purposes, which Page Break deems appropriate; and copyright such recordings in its own name or to publish, to market and to assign without consideration, compensation or report to you.
23. Electronic Communications
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Properties as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
24. Choice of Law and Resolution of Disputes
These Terms and Conditions affect interstate commerce and the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Other than the requirement of exercising the jurisdiction of federal courts to resolve disputes relating to intellectual property such as trademark and copyright, or small claim matters, arbitration governs all disputes between Page Break and Users, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Before taking any formal action, the party seeking formal action shall contact the other party in writing, detailing the dispute, and after such exchange the parties shall enter into good faith negotiations before initiating a lawsuit or arbitration.
In the event the parties are not able to resolve any other dispute between them then such dispute, other than a dispute related to intellectual property, shall be resolved only by final and individual binding arbitration conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the county in which the User resides, if a resident of the United States. For residents outside of the United States, the arbitration shall take place in New York, New York, with the parties submitting to personal jurisdiction in such jurisdiction.
Either party may access the jurisdiction of a small claims court if the dispute falls within the small claims court's jurisdiction to the extent such claims do not seek equitable relief.
The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability or enforceability, or formation of these Terms and Conditions. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be final, and judgment may be entered upon it in any court having appropriate jurisdiction.
25. Class Action Waiver
The resolution under these Terms and Conditions will take place on an individual basis; class arbitrations or class/representative/collective court actions are not permitted. The parties expressly waive their right to file a class action or seek relief on a class basis, as a plaintiff or putative class.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions through a written notice sent within thirty (30) days of your first use of the Services. Opting out means that Page Break is no longer bound by the arbitration provisions. If changes are made to the arbitration provision, Users may reject any such change through a written notice sent within thirty (30) days from the date the change became effective. Rejection of any change does not result in opting out of the original arbitration provisions.
Additional Terms and Conditions
No joint venture, partnership, employment, or agency relationship exists between Users and Page Break as a result of these Terms and Conditions or use of the Website.
If any court having competent jurisdiction holds any provision of this Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms and Conditions shall continue in full force and effect.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
Unless otherwise specified herein, these Terms and Conditions constitutes the entire Agreement between the user and Page Break with respect to the Website and Services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Page Break. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and Conditions and all related documents be written in English.
Contact Us
Page Break welcomes User’s questions or comments regarding the Terms and Conditions:
Page: www.pagebreak.nyc
Address: 2483 CONEY ISLAND AVE, Brooklyn, NY 11223
Email: info@pagebreak.nyc
Terms & Conditions
