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Terms of Use

BEFORE YOU USE OUR SITE, WE’D LIKE YOU TO UNDERSTAND OUR

TERMS OF USE

Terms Last Revised Effective Wednesday, September 11, 2019

This is a Binding Agreement

The terms and conditions below (the “Terms”) govern access to and use of our website thisismaison.com (the “Site”). The Site is operated by AVW Partners, LLC (d/b/a MAISON) (“MAISON”, the “Company”, “We, or “Us” as used in this Terms).  The Terms are a binding agreement between you and MAISON and govern your access to and use of the Site, any membership you may enter into with Us, and any Services We provide to you, whether through the Site or at our facilities (the “Services”).

Please read these Terms carefully. By accessing or using the Services or by clicking to accept these Terms, you acknowledge and agree that you have read, understood and agree to abide by all of the Terms.  If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services. 

We may make changes to these Terms from time to time

We may update and revise these Terms from time to time.  We will let you know about such updates by noting the date of the last update at the top of these Terms.   Such updates will go at the time they are posted. Your continued use of the Site constitutes your acceptance of the revised Terms. You are responsible for understanding these terms when using the Site, so please review these Terms periodically and take notice of any new updates when posted.

Requirements for your access to the Services

By accessing the Services, you agree and represent that:

  1. You are at least eighteen (18) years of age and legally capable of entering into binding contracts;
  2. Your registration data is truthful and accurate, and you will updated as needed so it remains accurate;
  3. You have read, understood and agreed to our Privacy Policy, which governs your use of the Site and the Services and which is located at https://www.thisismaison.com/privacy-policy/ ; and
  4. You will not use the Services in any way that violates these Terms or any applicable laws or regulations.

Purchase of Membership

If you purchase a Membership from the Site or in person at our facilities, the terms of sale provided in this section apply to you, as well as any other specific rules or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions (“Membership Terms”)).  You agree to provide your payment information, including your credit card or other payment method information, at the time you purchase or renew your membership. Our payment page is provided by Square, a third party payment service provider.  All information provided by you to Square is governed by Square’s Terms of Use and Privacy Policies which can be reviewed here: located at https://squareup.com/us/en/legal/general/ua  and https://squareup.com/us/en/legal/general/privacy.  We disclaim any responsibility or liability for the acts or omissions of Square.

All prices quoted are exclusive of any sales or value added tax or other taxes that may be required under applicable law in connection with fees and charges for the Services.

Membership fees are non-refundable.

Dues will be auto renewed on your membership anniversary.

Note: We may at any time, in our sole discretion, change the fees and charges on a going-forward basis, or add new fees and charges, in relation to any of the Services.

Memberships are Not Transferable

Purchase of a Membership only entitles you to your personal use of the Services, and you may not sell, assign, rent, share or otherwise transfer your Membership or any rights of Membership to any other person.

Membership Policies

MAISON is a private membership group, and to join you must complete an application through the Site.  MAISON is designed with women in mind but welcomes members of all genders.  We reserve the right not to accept applications for any lawful reason.

Cancellation or Suspension of Membership

Our Membership Terms set out Our policies regarding membership, as well as termination or cancellation of membership.  In general, We may suspend or terminate your Membership and use of the Services if you violate any obligation under our Membership Terms (including these Terms). Such termination or suspension may be immediate and without notice.

Eligibility

As noted above, you must be at least 18 years old to apply for a MAISON Membership.  When you submit an application for Membership, you represent and warrant that you meet all eligibility requirements we outline in these Terms and in the application form and that all information you provide is truthful and accurate. We may not accept all applications, and we may alter our Membership eligibility criteria from time to time.

Use of the Services; Restrictions on Use

We may modify, eliminate or add certain features of the Services in our discretion.  We will use reasonable efforts to notify you in advance of such developments, but we reserve the right to implement such changes without prior notice. We will not be responsible to you for any changes or termination of the Services other than to refund any pre-paid fees for Services that have not been received or used.

You may only use the Services as expressly permitted under the Membership Terms and in compliance with any additional policies of which we notify you on this Site, at our facilities or otherwise.  Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

  • Use the Services or solicit members for commercial purposes or any purpose other than for personal, non-commercial use, without our express written consent;
  • Express or imply that any activities you undertake or statements you make are approved, sponsored or endorsed by Us;
  • Appropriate and use by any means our name or content offerings on the Site or in the Services without our express prior written consent;
  • Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the software on the Site or Services offered through the Site;
  • Interfere or attempt to interfere with the proper working of the Services or any activities supporting or conducted on the Services;
  • Bypass, circumvent, or attempt to defeat, bypass or circumvent any measures we may use to prevent or restrict access to the Service and Our systems;
  • Use the Site or any of the Services to violate any law, regulation or other governmental order or requirement;
  • Access or use the Site or any of the Services to harass, abuse, defame, threaten, defraud, or otherwise infringe or violate the rights of any other Member or other party; or
  • Otherwise undertake steps to violate these Terms or otherwise fail to comply with these Terms.

Non-Solicitation of MAISON Personnel

You acknowledge and agree that, for the term of your Membership and for a period of twelve (12) months thereafter, you will not hire, or make or attempt to make any offer of employment to any employee of MAISON, whether directly or indirectly. Without prejudice to any rights or remedies MAISON may have under these Terms or under applicable law or equity, any breach of this provision of these Terms will result in the immediate termination of your Membership without refund of any fees paid by you to MAISON (including pre-paid Membership fees).

Using links to and from third party websites

We may provide links to third party websites or services, including social media platforms.  We do not control the operation of any such third party websites, nor do we sponsor or endorse their services. Your use of such third party websites from links on our Site, and our access to our Site from third part websites, is entirely at your own discretion, and we disclaim any responsibility for the operations of such third party websites or any damage, loss or harm which may arise as a result of your use of these websites, including without limitation the data privacy and security practices of such websites.

Our proprietary rights in the Site and the Services

MAISON and its licensors own all rights in the Site and the Services, including without limitation all software, methods and processes, textual, audio-visual and graphic content, the Site design, user interfaces, trademarks, service marks, logos and symbols, and all modifications, enhancements and derivative versions thereof, together with all intellectual property rights in any of the foregoing under copyright, patent, trademark and trade secret laws (the “MAISON Intellectual Property”). Except for the nonexclusive, non-transferable license We grant to you to access, view and use the Site and the Services for your personal, non-commercial and lawful uses only, MAISON reserves all right, title and interest in the MAISON Intellectual Property and no other rights are granted under these Terms.

Our commitment to availability of the Services

MAISON seeks to make the Site and the Services reliable and reasonably available at all times subject to required maintenance and repairs and the operating hours of our facilities.  However, we cannot promise that the Site or the Services will be continuously available without interruption or be error free.  If you experience a problem accessing or using the Site or the Services, please report your experience to Us at info@thisismaison.com.

Security at our facilities

We take reasonable precautions to protect the security and maintain the safety of our facilities for our staff, Members and guests.  These measures include the use of security cameras in public spaces within the facilities and at our entrance.  By using our facilities, you and any of your permitted guests acknowledge and agree to our use of security cameras as described in these Terms.

Your feedback to Us regarding the Services

You may voluntarily submit to Us your comments and suggestions regarding the Site and the Services (“Feedback”).  By using the Site and accepting these Terms, you agree that such Feedback is not confidential or proprietary to you or any other person, and you also agree that We are free to use Feedback for any purpose related to the operation, improvement and further development of the Site, the Services, and/or our business, without the requirement of the consent of you or any other person.

We may take down Site content that may infringe others’ rights

If you believe that your intellectual property is being used on our Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • 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, its agent, or the law.
  • 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 infringed.

The information specified above must be sent to our Designated Agent, whose contact information is as follows:

MAISON

Attention: MAISON DMCA Designated Agent

Bay Hirschfeld
917-463-3888
1264 Lexington Avenue
2nd Floor
New York, NY 10028

Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material. Upon receipt of a legitimate infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.

WARRANTY DISCLAIMERS

USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED THEREWITH. ALL DATA, CONTENT, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS. MAISON AND ITS PARTNERS RESERVE THE RIGHT, IN THEIR SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO CORRECT ANY ERROR OR OMISSIONS IN ANY PORTION OF OUR WEBSITE, WITH OR WITHOUT NOTICE TO YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW MAISON AND ITS PARTNERS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. THESE INCLUDE, BUT ARE NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THAT THE SITE OR THE SERVICES WILL BE FREE FROM VIRUSES, MALWARE OR OTHER DESTRUCTIVE CODE. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ON ANY WEBSITE LINKED TO IT.
WITHOUT LIMITING THE FOREGOING, MAISON AND ITS PARTNERS MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES AND DATA RETRIEVED FROM THEM. MAISON AND ITS PARTNERS ASSUME NO RESPONSIBILITY FOR COMPLETENESS, ERRORS OR OMISSIONS IN THE DATA, SERVICES OR DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MAISON OR ITS PARTNERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OR CORRUPTION OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SITE OR THE SERVICES. WE SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR ANY OTHER DATA CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR DATA STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
TO THE EXTENT ANY OF THE ABOVE LIMITATIONS OF LIABILITY ARE RESTRICTED BY APPLICABLE FEDERAL, STATE OR LOCAL LAW, SUCH LIMITATIONS SHALL NOT APPLY TO THE EXTENT OF SUCH RESTRICTIONS. UNDER NO CIRCUMSTANCES WILL MAISON, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR SUBCONTRACTORS BE LIABLE FOR DIRECT DAMAGES TO YOU FOR ANY CLAIMS (WHETHER IN BASED IN TORT, CONTRACT, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR YOUR MEMBERSHIP TERMS FOR AN AMOUNT THAT IS THE LESSER OF (1) THREE (3) MONTHS OF MEMBERSHIP FEES PAID BY YOU TO MAISON OR (2) US$1000.

Indemnification

You agree to defend, 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 from and against any 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 or your use of the Site or the Services or your use of any information obtained through use of the Site or the Services.

Governing Law

These Terms are governed by the law of the State of New York, without reference to that state’s choice of law principles.  You agree that the state and federal courts located in New York City, New York shall have exclusive jurisdiction over any dispute arising out of or related to your use of the Site or the Services or your breach of these Terms.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from the use of these Terms, the Site, or the Services to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of New York.  Any such binding arbitration shall take place in New York City, New York.

Severability

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement

These Terms and the Membership Terms and Conditions constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved. Each party confirms that it has not relied upon, and shall have no remedy in respect of any agreement, warranty, statement, representation or undertaking unless set out expressly in these Terms.

Third Parties

You acknowledge and agree that there are no third party beneficiaries of these Terms.

Force Majeure

We take our commitment to Members seriously, and we will do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or our inability or delay in obtaining supplies of adequate or suitable materials.                                                                                                                                    

Assignment

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without Your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

Waiver

If we do not enforce any part of these Terms, we still reserve the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through an authorized representative.

Contacting Us

All feedback, comments, complaints, requests for technical support and other communications relating to the Services should be directed to info@thisismaison.com.

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