TERMS & CONDITIONS
OF OUR WEBSITE
Terms and Conditions
These terms of use (“Terms and Conditions”) are entered into by and between you and East 88 Owner LLC (“Company,” “we,” or “us“) regarding our website https://thelangdonnyc.com (the “website”). By using this website, you agree to be bound by all of the terms and conditions outlined herein and to use this website only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If you do not agree with these Terms and Conditions, you must immediately stop using this website. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on this website. Changes in these Terms and Conditions will be effective when such change is posted. Your continued use of the website following the posting of revised Terms of Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this website so you are aware of any changes, as they are binding on you. We may terminate, change, suspend or discontinue any aspect of this website, including the availability of any features of this website, at any time. We may also impose limits on certain features or restrict your access to parts or this entire website without notice or liability.
Renderings, Photography & Square Footage Disclaimer
All dimensions, square footages, artist renderings, and illustrations are approximate, subject to normal construction variances and tolerances, for illustrative and marketing purposes only, and are provided without representation or warranty. Noted dimensions reflect interior dimensions of space. Furnishings are not included.
Use of Content
This website is maintained as a service and courtesy to Internet users. All information contained in this website is provided “as is” and without warranty of any kind, express or implied. Access to this website and all information contained herein is subject to these Terms and Conditions and to all applicable laws regulating the use of the Internet and those pertaining to the information contained herein. The use of this website is also subject to all applicable laws regarding copyrighted material and intellectual property. We strive to provide accurate and up-to-date material on this website. However, we make no warranties or representations as to the accuracy or timeliness of the material provided through this website. We assume no liability or responsibility for any errors or omissions on this website.
Intellectual Property
All content included on this website, including but not limited to text, graphics, logos, images, and software, is the property of the Company or our content suppliers and is protected by United States copyright, trademark or other laws and regulations. You agree to access the content posted on these pages solely for your own personal use. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the contents of these pages without the express written permission of us. Nothing contained herein confers any license or right under any patent, trademark, copyright or other proprietary right of us.
Acceptable uses
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website.
Restrictions for Non-Human Visitors
Special restrictions on a visitor’s license to access the website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Property listings on this site are considered proprietary intellectual property. It is recognized that these property listings are provided for human visitors alone. You acknowledge and agree that each property listing on the website has value to us. You agree that the collection, compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses to us. Collection, harvesting, gathering, and/or storing this website’s property listings is a violation of this agreement and expressly prohibited.
Breaches of Terms and Conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Limitation of Liability
IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY RESPECTIVE AGENTS, OFFICERS, DIRECTORS, PRINCIPALS, PARTNERS, MEMBERS, OWNERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR REPRESENTATIVES OF US, BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE., ARISING OUT OF OR RELATING TO: (1) YOUR USE OR INABILITY TO USE THIS WEBSITE; AND (2) ANY OTHER MATTER RELATING TO THIS WEBSITE OR ITS CONTENTS.
Indemnity
You hereby indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions, or for any claims against us arising out of your use of the website.
Other Websites
For your convenience, we may provide links to websites belonging to other companies, including affiliates of us. Those websites are not under the control of us and we do not make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that we have provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present on those sites.
Development Projects
Although this website may contain information regarding certain development projects owned by entities affiliated with or otherwise having some relationship to us, we have no ownership interest in, nor any responsibility for the design or construction of, any such projects. In connection with such developments, the complete terms of any offerings are contained in the purchase contract, public offering statement and accompanying documents that will be made available by us upon request.
Severability; No Waiver
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
Geographic Restrictions
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law
This Agreement is be governed by the laws of the State of New York, without regard to principles of conflicts or choice of laws. You consent to the jurisdiction of federal and state courts in the State of New York, and to venue in the State of New York for any action brought against you. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Limitation on Time to File Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement
The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding this website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.
Comments and Concerns
This website is operated by East 88 Owner LLC located at 800 Third Avenue, 22nd Floor, New York, NY 10022.
All notices of copyright infringement claims should be sent to the copyright agent at:
inquire@thelangdonnyc.com or by post to Copyright Agent, East 88 Owner LLC, 800 Third Avenue, 22nd Floor, New York, NY 10022.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: inquire@thelangdonnyc.com.