Terms of service

Effective Date:  Jan 12, 2023

Last Reviewed: Jan 12, 2023

 

1. Your Acknowledgment and Acceptance of Terms

These terms of use are entered into by and between you (“you” or “your”) and ARCHIVE BY DAN MAZZARINI, LLC (”ARCHIVE”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.archivebydm.com (the “Website”), including any content, functionality, and services offered on or through the Website (collectively, our “Services”), whether as a guest or a registered user.  


EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT, THESE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS OF ANY KIND.


Please read the Terms of Use carefully before you start to use the Website. By using the Website and/or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy and Cookie Policy, which are incorporated herein by reference. 


Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.


If you do not want to agree to these Terms of Use, you must not access or use the Website.


The Website is offered and available to users who are 18 years of age or older and reside in the United States. By using the Website, you represent and warrant that you are of legal age to form a binding contract with ARCHIVE and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. 


As used in these Terms of Use, references to our “Business Affiliates” include ARCHIVE’s owners, subsidiaries, affiliated companies, service providers, and their respective officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Website and/or its content.  For avoidance of doubt, our “Business Affiliates” shall include (i) “third party service providers” as such term is used in our Privacy Policy and Cookie Policy and (ii) providers of “Third-Party Content” as such terms is defined in Section 3 below). 

2. Changes to the Terms of Use

These Terms of Use are effective as of the date referenced above. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set out in “Dispute Resolution and Binding Arbitration” will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

3. Description of Services

In addition to all other content, functionality, and services offered on or through the Website, our Services may include, without limitation, the following: 


  • The ability to upload, submit, store, send, or receive content and data from you, including, without limitation, your comments, reviews, social media posts and photos ("Your Contributions") or participate in other interactive services;
  • The ability to view information, written submissions, educational or informational content, communications, software, photos, video, graphics, music, sounds, and other material and services on the Website prepared and/or presented by ARCHIVE for general consumption (“ARCHIVE Content”).       
  • The ability to view information, written submissions, educational or informational content, communications, software, photos, video, graphics, music, sounds, and other material and services on the Website prepared and/or presented by third parties (“Third-Party Content”). Third-Party Content may include content and materials provided by other users, bloggers, advertisers and the like.  Third-Party Content also includes the contents of any material uploaded or submitted by third party users of the Website.  


We reserve the sole right to either modify or discontinue the Website and any of the Services offered on the Website, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Website shall also be subject to these Terms of Use.

You understand and agree that temporary interruptions of the Services available through the Website may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are completely beyond our control. 

You understand and agree that the Services available on the Website are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.


4.  Nature of “ARCHIVE Content” 


All ARCHIVE Content is intended solely for general informational and/or entertainment purposes only and is not specific to you or to your project. ARCHIVE does not make any representation or warranty whatsoever regarding the accuracy, completeness or usefulness of any ARCHIVE Content with respect to you or your project. As such, it is your responsibility to evaluate the accuracy, completeness or usefulness of all ARCHIVE Content and it is your responsibility to determine whether or not such content is suitable for you and for your intended use. 


TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ARCHIVE BY DAN MAZZARINI, LLC NOR ITS BUSINESS AFFILIATES SHALL BE LIABLE TO YOU (OR TO ANY THIRD PARTY) FOR THE CONTENT OR ACCURACY OF ANY ARCHIVE CONTENT AVAILABLE ON THIE WEBSITE OR FOR ANY LOSS OR DAMAGES CAUSED BY YOUR RELIANCE ON ARCHIVE CONTENT. 

  

5. Nature of “Third-Party Content”


All Third-Party Content made available on the Website is intended solely for informational and/or entertainment purposes only. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ARCHIVE. ARCHIVE is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. ARCHIVE does not make any representation or warranty whatsoever regarding the accuracy, completeness or usefulness of any Third-Party Content. As such, it is your responsibility to evaluate the accuracy, completeness or usefulness of all such content and it is your responsibility to determine whether or not such content is suitable for you and for your intended use. 


TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ARCHIVE BY DAN MAZZARINI, LLC NOR ITS BUSINESS AFFILIATES SHALL BE LIABLE TO YOU (OR TO ANY THIRD PARTY) FOR THE CONTENT OR ACCURACY OF ANY THIRD-PARTY CONTENT AVAILABLE ON THE WEBSITE OR FOR ANY LOSS OR DAMAGES CAUSED BY YOUR RELIANCE ON THIRD-PARTY CONTENT. 


6. Third Party Websites and Information, Affiliates

The Website may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties, These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services.   

ARCHIVE may suggest that you purchase materials, products or services from a third-party vendor/website (“Third-Party Vendor”) that are not available for purchase from the Website. If you purchase such materials, products or services directly from the suggested Third-Party Vendor, such purchase is at your own risk, and any such purchase will be governed by the applicable Third-Party Vendor’s terms and conditions of sale. Please review the applicable Third-Party Vendor’s website privacy policy, their website terms of use, and their terms and conditions of sale regarding any potential purchase before visiting their website and/or before making any purchase from them.  IF YOU CLICK ON A WEBSITE LINK AND PURCHASE MATERIALS, PRODUCTS OR SERVICES FROM A THIRD-PARTY VENDOR AFFILIATED WITH SMTM, LLC, ARCHIVE WILL RECEIVE COMPENSATION FROM SMTM, LLC EQUAL TO A SMALL PERCENTAGE OF THE SALE.

TO THE FULLEST EXTENT PERMITTED BY LAW, ARCHIVE PROVIDES NO REPRESENTATION OR WARRANTY AND TAKES NO RESPONSIBILITY FOR THE AVAILABILITY, SUITABILITY, PRICING OR QUALITY ANY OF THIRD-PARTY VENDOR’S MATERIALS, PRODUCTS OR SERVICES, EVEN IF WE RECOMMEND THEIR MATERIALS, PRODUCTS OR SERVICE TO YOU.  


7. Linking to the Website and Social Media Features

You may link to ARCHIVE’s homepage (or to any page designated by ARCHIVE for such purpose), provided you do so in a way that is fair and legal and does not damage ARCHIVE’s 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 on our part without our express written consent. 


The Website may provide certain social media features that enable you to:


  • Link from your own or certain third-party websites to certain content on the Website 
  • Send emails or other communications with certain content, or links to certain content, on the Website.
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.


You may use these features solely as they are provided by us, solely with respect to the content they are displayed with provided that you use these features in accordance with these Terms of Use and any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not use these features in any manner that would violate the contractual rights or intellectual property rights of ARCHIVE or of any third party. 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.  In addition, we may disable all or any social media features and any links at any time without notice in our discretion.

  

8. Registration Data and Privacy

In order to access some of the Services on the Website, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data and maintaining and updating your registration data as required. By registering, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

 

You also grant us the right to disclose to third parties certain registration data about you. The information we obtain through your use of the Website, including your registration data, is subject to our Privacy Policy and Cookie Policy which is specifically incorporated by reference into these Terms of Use.

 

9. Conduct on the Website

Your use of the Website is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Website. By posting information in or otherwise using any communications service, blog, or other interactive service that may be available to you on or through the Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy and Cookie Policy 
  3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. Causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy an individual or group of individuals;
  5. Infringes on any patent, trademark, trade secret, copyright, right of publicity, other proprietary right or other rights of any party;
  6. Is likely to deceive any individual;
  7. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  8. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  9. Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website.  ARCHIVE reserves the right at its sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for the Website, or is, in ARCHIVE’s sole discretion, harmful, objectionable, or inaccurate. ARCHIVE is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. 

See “Copyright Infringement” in Paragraph 12 below for a description of the procedures to be followed in the event that any party believes that content posted on the Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be available to you or other authorized users of the Website. You shall not interfere with anyone else’s use and enjoyment of the Website or other similar services. Users who violate systems or network security may incur criminal or civil liability. 

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

10. Intellectual Property Information

Copyright © 2022 ARCHIVE BY DAN MAZZARINI, LLC.  All Rights Reserved. 

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Website.   

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of ARCHIVE BY DAN MAZZARINI, LLC and/or its Business Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website. Any unauthorized use of the materials appearing on the Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 

Neither ARCHIVE nor our Business Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Website will not infringe the rights of third parties. See “Copyright Infringement” in Paragraph 12 below for a description of the procedures to be followed in the event that any party believes that content posted on the Website infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. 

11. ARCHIVE’s Use of Your Contributions / Your Representations and Warranties to ARCHIVE

Except as limited by our Privacy Policy and Cookie Policy, any communication or material that you transmit to the Website or to us (whether by electronic mail, linking, social media, or by other means for any reason) (each a “Transmission”) will be considered non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.


By posting Your Contributions on the Website or making any Transmission to ARCHIVE:

  • you grant ARCHIVE and our Business Affiliates, and each of their respective licensees, successors, and assigns a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used (the “License”)
  • You represent and warrant that you own or control all rights in and to Your Contributions and have the right to grant the License granted above; and
  • You represent and warrant that all of your Your Contributions do and will comply with these Terms of Use.


You understand and acknowledge that you are responsible for all Your Contributions that you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

 

12. Copyright Infringement


We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Website believes its copyright, trademark or other property rights have been infringed by a posting on the Website, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed;

c Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

d. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

e. 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, agent, or the law; and

f. 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 infringing.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

 

Designated Agent for Claimed Infringement:

  

307 Seventh Ave, suite 1101 

New York, NY 10001

Tel:  212.564.6300 

Email:  info@bhdmdesign.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL MATERIALS AND SERVICES ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ARCHIVE CONTENT, THIRD-PARTY CONTENT AND THE LIKE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. 

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR BUSINESS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.


THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCT, SERVICE OR MATERIAL LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

 

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

  

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

 

14. Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARCHIVE OR OUR BUSINESS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF USE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF ARCHIVE AND BUSINESS AFFILIATES SHALL BE LIMITED TO THE GREATER OF (1) THE ACTUAL AMOUNT PAID BY YOU FOR SERVICES ON OUR WEBSITE IN THE LAST TWELVE MONTHS BEFORE THE ACT GIVING RISE TO THE LIABILITY (IF ANY); OR (2) FIFTY DOLLARS (USD $50.00).

15. Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ARCHIVE AND ITS BUSINESS AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR CONTRIBUTIONS AND RELATED CONTENT, YOUR TRANSMISSIONS, ANY USE OF THE WEBSITE’S CONTENT, SERVICES, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR UNAUTHORIZED USE OF ANY INFORMATION OBTAINED FROM THE WEBSITE. 

16. Participation in Promotions

The Website may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

17. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. ARCHIVE will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

18. International Use

Although the Website may be accessible worldwide, we make no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited. 

19. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.  

All terms that would reasonably be expected to survive termination of this agreement, including without limitation Sections 4-6, 10, 11, 13-15, and 19-24, shall survive any termination. 

 

20. Governing Law and Jurisdiction 

The Website is operated from the US. All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.  Any cause of action brought by you against ARCHIVE or our Business Affiliates must be instituted with one (1) year after the cause of action arises or be deemed forever waived and barred.

21. Dispute Resolution and Binding Arbitration

    1. YOU AND ARCHIVE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND ARCHIVE ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.  The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate.  Any in person appearances will be held at a location which is reasonably convenient to both parties. 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.   

    1. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ARCHIVE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 
    2. SMALL CLAIMS COURT. Notwithstanding the provisions of Sections 23(a) and 23(b) above, you and ARCHIVE agree that nothing in these Terms of Use will be deemed to waive, preclude or otherwise limit the right of either of us to bring an individual action in small claims court. 
    3. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

22.  Notices

To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To ARCHIVE. To give us notice under these Terms of Use, you must contact us by personal delivery, overnight courier, or registered or certified mail to:

ARCHIVE BY DAN MAZZARINI, LLC

307 Seventh Ave, suite 1101 

New York, NY 10001

We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

23. Entire Agreement

These Terms of Use (including our Privacy Policy and Cookie Policy constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

24. Miscellaneous

  • You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website. 
  • If any part of these Terms of Use is held invalid, illegal, void or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  • These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you.
  • Any failure by us to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ARCHIVE.