TERMS OF USE

Last updated: August 29, 2023

These Terms of Use (“Terms”) govern your access to and use of the website located atwww.andrewmarc.com(the “Site”). By accessing the Site, you agree to be bound by these Terms and by ourPrivacy Policy. These Terms therefore constitute a binding agreement between you and AM Retail Group, Inc. (“AMRG” “we” or “us”). AMRG may revise the Terms at any time. You are bound by any revisions and should periodically review the Terms.

1. USING THE SITE

These Terms govern your use of the Site and you should not use the Site if you do not expressly accept and agree to by bound by the provisions herein. You may access the Site if you abide by these Terms and applicable laws. If any content on the Site, or your use of the Site, is in violation of laws of the place where you are when you access it, the Site is not intended for you, and you should no longer use the Site. The Site is not meant for children under the age of sixteen. If you are under the age of sixteen, you may not use the Site. The Site if available for your personal use, which shall be limited to access the Site.

You are responsible for your use of the Site. Our goal is to create a positive and safe experience when you and others use the Site. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to AMRG. When you use the properties, you may not:

• violate any law or regulation;
• violate or infringe any other party’s intellectual property, privacy, publicity, or other legal rights;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or inappropriate;
• collect or store personal data about other users;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• transmit any malicious or unsolicited software; stalk, harass, or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• use any means to "Scrape," "Crawl," or "Spider" any web pages contained in the Site (although AMRG may allow operators of public search engines to use spiders to index materials from properties for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and AMRG reserves the right to revoke these exceptions either generally or in specific cases);
• use automated methods to send more requests to AMRG servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; or
• interfere with or disrupt the properties

AMRG may, in its sole discretion, and at any time, discontinue the Site or any part thereof, with or without notice, or may prevent your use of the Site with or without notice to you. You agree that you do not have any rights in the Site and that AMRG will have no liability to you if the Site is discontinued or your ability to access the Site is terminated.

2. RIGHTS IN MATERIALS

AMRG owns the Site, any of the content on the Site (including, for example, audio, photographs, wallpaper, icons, artwork illustrations, graphics, other visuals, video, copy, software, etc.) (“Content”), the code, in any format, used to implement the Site (“Code”), and any intellectual property or proprietary rights related thereto.

When you use or access the Site, you do not acquire any ownership of the Content, Code, or any other materials. The Site is only for personal and non-commercial use. You may not make any commercial use of the Site, Content, or Code, or otherwise use the Site, Content or Code, for any other purpose other than those set forth above, without AMRG’s express written permission. You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes, or otherwise distribute any Code or Content from the Site without the prior written agreement of AMRG.

3. TRADEMARKS

The trademarks, names, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered trademarks of AMRG or its affiliates (or other rights holders). You may not use the Trademarks for any purpose without express written permission of AMRG or its affiliates. You do not receive, by implication or otherwise, any license or right to use the Trademarks without our prior written permission. AMRG and its affiliates will enforce its rights in the Trademarks to the fullest extent of the law. Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring any license or right under any patent, trademark, copyright, or other proprietary right of AMRG, its affiliates or any third party.

4. DIGITAL MILLENNIUM COPYRIGHT ACT

AMRG respects the intellectual property rights of others. Upon proper notice, AMRG will remove user content or other applicable content that violates copyright law and terminate the accounts of repeat infringers. Pursuant to 17 U.S.C. § 512, AMRG has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send AMRG’s copyright agent (listed below) a notification of claimed infringement with all of the following information:

• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• identification of the claimed infringing material and information reasonably sufficient to permit AMRG to locate the material on the Site;
• information reasonably sufficient to permit AMRG to contact you, such as an address, telephone number, and, if available, an e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• your physical or electronic signature.

Please send all of the information listed above to the following AMRG copyright agent:

Jodi Sarowitz

AM Retail Group, Inc.
512 Seventh Avenue
New York, NY
Tel:212-403-0619
Fax: 212-768-5887

Please do not send notices or inquiries unrelated to alleged copyright infringement to AMRG’s designated agent.

5. INDEMNIFICATION

You agree to indemnify, defend and hold harmless AMRG and its affiliates and its officers, directors, attorneys, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site, any violation of these Terms, or any breach of applicable law. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. AMRG reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AMRG in the defense of such matter.

6. DISPUTES

Any dispute relating to the Terms shall be submitted to confidential arbitration in New York, New York, except to the extent you have in any manner violated or threatened to violate AMRG’s or its affiliates’ intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances AMRG may bring a lawsuit for injunctive relief or intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.

Any claim or cause of action you may have with respect to AMRG or the Site must be commenced within one (1) year after the claim or cause of action arose. You consent to exclusive jurisdiction and venue in New York, New York. Any arbitration under these Terms shall be conducted under the prevailing rules of JAMS. Any dispute, controversy, or claim arising out of or relating to these terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

In any circumstances where the agreement to arbitrate disputes permits the parties to litigate in court, these terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, New York.

7. DISCLAIMER

The Site is provided "as is" and "as available," without warranty or conditions of any kind, either express or implied and all such warranties and conditions are disclaimed to the maximum extent permitted by applicable law. AMRG makes no warranties or conditions whatsoever regarding the Site, including, without limitation, warranties regarding: information and content available on the properties; uptime or uninterrupted access to the properties; title; non-infringement; merchantability or fitness for a particular purpose. AMRG does not warrant that the Site is free of computer viruses, bugs or other harmful components. AMRG does not warrant that the functions contained in the material will be uninterrupted or error-free or that errors will be detected or corrected. AMRG does not assume any liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the Site. AMRG does not have any duty to update the Site or modify their Content or Code, and AMRG shall not be liable for its failure to update such information. It is your responsibility to verify any information contained on the Sites before relying upon it. Browsing the Internet may expose you to certain risks. AMRG is not responsible for any viruses that may infect your computer equipment or other property from your access to, use of, or browsing in the Site or from downloading any materials, data, text, images, video or audio from the Site.

We may change any of the information provided on the Site at any time and without any prior notice. We will not be liable for any inaccuracy or omission concerning any of the information provided on the Site.

The foregoing exclusions of express and implied warranties do not apply to the extent prohibited by local laws.

AMRG makes no warranties of any kind regarding any non-AMRG websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and AMRG makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-AMRG websites.

8. LIMITATION OF LIABILITY

AMRG DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THE INFORMATION POSTED, DISCLOSED, OR ACCESSED BY VISITORS TO THIS SITE. THE USE OF ANY SUCH INFORMATION SHALL BE AT THE USER'S SOLE RISK. IN NO EVENT SHALL AMRG, ITS AFFILIATES OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.

9. MISCELLANEOUS

The Terms and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and AMRG with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. You agree that no joint venture, partnership, employment, or agency relationship exists between AMRG and you as a result of your use of the Site. The failure of AMRG to exercise or enforce any right, or provision of these Terms, shall not constitute a waiver of such right or provision If any provision of the Terms is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Certain functionalities available on the properties may be covered by U.S. Patent no. 5,930,474.

10. CONTACTING US

Please submit any questions you have about these terms and conditions by email to service@andrewmarc.com or by telephone to 888-424-6272.