SBM WEBSITE TERMS OF USE
SBM PRIVILEGED AND CONFIDENTIAL 05.20.2021
SBM WEBSITE TERMS OF USE
Last Updated: [May, 2021]
These Terms and Conditions of Use (“the Terms”) apply to your access to and use of our website at URL https://www.sbmnyc.com/ ( “the Site”).
Use of and Access to the Site
Our Site is offered and intended for users who are at least 13 years of age or older. Unless otherwise specified, the Site and all content on it is intended to promote and provide our services. You are permitted to use the Site to review and inquire about our services for legitimate business purposes and, if you are a client, to use our client portal on the Site to interact with us about our services.
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Site or any service, content, or feature offered through the Site, with or without notice for any reason. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site, or any service, content, or feature offered through the Site.
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS. WE EXPRESSLY RESERVE THE RIGHT TO MODIFY THE TERMS AT ANY TIME, WITHOUT PRIOR NOTICE, BY POSTING AN UPDATED VERSION OF THE TERMS ON THE SITE. THEREFORE, YOU SHOULD REVIEW THE TERMS WHENEVER YOU USE THE SITE. YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR CONSENT TO THE CURRENT TERMS POSTED AT THE TIME OF YOUR VISIT.
DO NOT USE OUR SITE IF YOU DO NOT AGREE TO THE TERMS.
Prohibited Uses
You may not use the Site for any unlawful purpose or in violation of any provision of applicable federal, state, and local laws or these Terms. You may not:
Post or submit any material that is obscene, defamatory or libelous, constitutes an illegal threat, violates rights of privacy or publicity, or infringes any third party’s intellectual property rights;
Use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our Site;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server(s) on which the Site are stored or hosted, or any server, computer, or database connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
If we determine, in our sole and absolute discretion, that you have violated any provision of these Terms or any applicable law, we may, at any time, terminate, restrict, or modify all or part of your access, times of availability, and required equipment and software for use of the Site.
We may disclose any content or electronic communication from you: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of our customers, other users of the Site, or third party service providers.
Intellectual Property Rights
All names, logos, product and service names, designs, and slogans are trademarks of SBM or its affiliates or third party licensors. You must not use such marks without our prior written permission.
The Site and all contents accessed through or on the Site including but not limited to the text, information, software, images, videos, logos, design, and graphics (collectively, the “Materials”) are owned by us or our affiliates or licensors. The Materials are protected by copyright, trademark, trade secret, and other intellectual property laws and treaties. You may not:
Distribute, transfer, transmit, copy, upload, download, post, publish, display, perform, modify, or otherwise create derivative works from any of the Materials without our prior written consent;
Decompile, reverse engineer, or disassemble software code or software materials; or
Remove any copyright notice or other proprietary notices from the Materials.
Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.
Linking to the Site and Social Media Features
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement by us.
The Site may provide certain social media features that enable you to:
Link from your own or certain third-party website to certain content on the Site;
Send emails or other communications with certain content, or links to certain content, on the Site;
Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party website.
You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. You must not:
Establish a link to any of our Site from any website that is not owned or legally operated by you;
Cause the Site or portions of them to be displayed on, or appear to be displayed by, any other site (for example, by framing, deep linking, or in-line linking);
Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
Security
We safeguard the security of the information you provide to us or that we collect with physical, electronic, and managerial measures. Among other protections, we use industry-standard SSL encryption on all web pages where personal information is required or may be submitted to us.
The safety and security of your information also depends on you. Please use caution when you are on the Internet to protect your personal data. Change your passwords regularly, do not share passwords, and use a combination of letters, numbers and special characters for your passwords. Always make sure you use a secure browser when on the Internet.
Unfortunately, the transmission of information via the internet is not completely secure. Although we take reasonable steps to protect your information, we cannot guarantee the security of your information transmitted via our Site. Any transmission of information is at your own risk.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms or we believe such action is appropriate to ensure the security of the Site or your account, or to address any suspected security incidents or breaches.
Privacy
Our collection of information via the Site and our use and/or sharing of such information is explained in more detail in our Privacy Notice.
Reliance on Contents of the Site
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the content on the Site from time to time, but their content is not necessarily complete or up-to-date at all times. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
Links to Third Party Website
The Site may contain links to third party websites. These links are provided for your convenience and the third party websites are not under our control. We do not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by us with respect to any third party, any third party’s website, the content of any third party’s website, or any products or services provided by a third party. We have no obligation or liability for any linked third party website. Please be aware that, when you visit a linked website, you are subject to the privacy policies and terms and conditions of use for the linked website and you should review those policies carefully. Please exercise caution before sharing or sending any information to anyone via the internet.
Disclaimer of Warranties and Limitation of Liability
The Site, its features, and its contents are provided “as is,” without any express or implied warranty of any kind. We cannot and do not guarantee or warrant that: (1) all information you transmit or submit via the Site will be completely secure and unable to be accessed, altered, deleted; or (2) the Site, its contents, or features will be free from errors, viruses, bugs, or other harmful components.
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.
YOUR USE OF THE SITE, THEIR CONTENTS AND ANY FEATURES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HEREBY DISCLAIM 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.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold us and our employees, officers, and directors harmless from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of these Terms by you and/or your activities in connection with the Site. We may participate in the defense of any claim. You shall not settle any claim that affects us without our prior written approval.
Class Action Waiver
WHERE PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no tribunal may consolidate more than one person’s suits or actions or otherwise preside over any form of a representative or class proceeding.
Governing Law and Jurisdiction
These Terms and your use of our Site shall be governed by and interpreted in accordance with the applicable laws of the United States without giving effect to any choice of law or conflict of law provision or rule. To the extent that federal law is held to have not preempted local law, these Terms and your use of our Site shall be governed by the laws of the State of New York, to the extent applicable, without regard to the rules regarding conflict of laws.
By using our Site, you consent to the exclusive jurisdiction of the federal and state courts in New York for any action or proceeding arising out of or relating to these Terms or your use of, or reliance on, our Site. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.