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TERMS OF USE

WWW.DESTINATIONMIDTOWN.COM

These website Terms of Use by ESRT Observatory TRS, L.L.C. and our affiliates (“ESRT,” “we,” “our” or “us”) are effective as of October 1, 2016.

YOUR (“YOU,” “YOUR” OR “USER”) COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND PRODUCTS AND YOU SHOULD NOT USE THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. Users who view information concerning DESTINATION MIDTOWN™ app and/or download DESTINATION MIDTOWN™ app via third party app download platforms, such as Apple’s App Store or Google Play, also may be bound by additional terms and agreements, including end user license agreements and terms of use with such platforms.

Users who download, access and use DESTINATION MIDTOWN™ app also may be bound by additional in-app terms of use and policies.

No Solicitation Or Offer Is Intended By Use Of This Site

The information provided on this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Disclaimer Of Warranty And Limitation Of Liability

THE INFORMATION ON THIS SITE IS PROVIDED "AS IS." WE DO NOT WARRANT THE ACCURACY OF THE INFORMATION AND MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL TO THE FULLEST EXTENT ALLOWED BY LAW. We will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, we cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither we nor any of our affiliates, directors, shareholders, members, officers or employees, nor any third party vendor will have liability or responsibility of any kind to you or any third party for any loss or damage that you may incur from any failure or interruption of this site, from any act or omission of any other party involved in providing this site or the data contained herein, or from any other cause relating to your use or access, or the failure of your use or access, in connection with this site or these materials, whether or not the related circumstances may have been within the control of us or of any vendor providing software or services support. In no event will we, our affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind, even if we or any other party have been advised of the possibility thereof.

Copyrights, Trademarks And Other Intellectual Property.

All material contained on our website, and the compilation of it, are our property (or are used by license) and are protected by United States and international copyright laws. All trademarks, service marks and trade names, including but not limited to DESTINATION MIDTOWN™ , DESTINATION MIDTOWN & Design™ and MIDTOWN & Design™, are trademarks of ESRT Observatory TRS, L.L.C.  and/or its affiliates and are proprietary to us. No material from our website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download and print material available on this site (a) as may be expressly permitted by our site and/or (b) solely for your personal, noncommercial use, provided that (i) you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) you make no modification to the materials, and (iii) you do not download quantities of materials to a database that can be used to avoid future downloads from our websites. Except as may be permitted by law, you must obtain our written permission before using any copyrighted material from our websites. You do not acquire any ownership rights by downloading material from our website.

Use Of Links

Should the viewer leave this site via a link contained herein and view content that is not provided by us, the viewer does so at its own risk. The content to which you link will not have been developed or otherwise reviewed by us, and we are not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. We make no guarantee or representation as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

Modifications.

We may modify these Terms of Use at any time and at our sole discretion by posting the modified Terms of Use on our website. The modifications will be effective upon posting (unless some other date is specified). You should review these Terms of Use periodically so that you are aware of any modifications. Your use of our website constitutes your acceptance of the Terms of Use in their then-current form.

Dispute Resolution.

The laws of the United States of America, State of New York, shall govern these Terms of Use, without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws

YOU AND ESRT AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING THE WEBSITE SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE, BASIS IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION.

Unauthorized Use

UNAUTHORIZED USE OF THIS WEBSITE IS STRICTLY PROHIBITED.
You can only use this website if you are over 13 years old, it is legal for you to use our website, and you are legally capable of entering into a binding contract.
You agree that your use of the website will be in compliance with all applicable laws and regulations, and that you will not use, or knowingly allow any other person to use, the website for or in connection with, any illegal purpose or activity.
You may not use any hardware or software intended to damage or interfere with the proper working of the website or to surreptitiously intercept any system, data or personal information from the website. You agree not to interrupt or attempt to interrupt the operation of the website in any way. ESRT reserves the right, in its sole discretion, to limit or terminate your access to or use of the website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which ESRT may be entitled at law or in equity.

Privacy Policy

Please review our Privacy Policy, which governs the use of any personal and identifying information.

Use In Other Jurisdictions

We do not operate in all U.S. and foreign jurisdictions. Some products and services may not be available in all jurisdictions or to all users.

Severability

If any of the provisions of these Terms of Use are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms of Use, which shall be given full effect, without regard to the invalid portion(s).

Contact

If you have any questions, please contact us at ESRT Observatory TRS, L.L.C., 111 West 33rd Street, New York, NY 10120, (212) 953-0888.

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