Terms of Use

Last Updated: April 15, 2016

Acceptance of the Terms of Use

Welcome to the website of 24 East, LLC (the “Company,” “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.24east.com, including any content, functionality, and services offered on or through www.24east.com (the “Website”).  These Terms of Use also govern your use of any newsletter or other information that you subscribe for us to send to you, whether by email or otherwise (“Subscription”).  All information we collect from you through the Website or when you request a Subscription is subject to our Privacy Policy, which can be accessed here, and which is incorporated herein by reference.

Please read the Terms of Use carefully before you start to use the Website or request a Subscription.  By using the Website, by requesting a Subscription, or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy and you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or any Subscription.

The Website and all Subscriptions are intended only for users who are 18 years of age or older. By using this Website or requesting a Subscription, you represent and warrant that you are over age 18 and have the legal capacity to form a binding contract with the Company.  If you do not meet these requirements, you must not access or use the Website or any Subscription.  Individuals under age 18 may use the Website only with the consent of a parent or legal guardian, under such person’s supervision, and otherwise subject to these Terms of Use.  

Changes to the Terms of Use

We may revise and update these Terms of Use at any time in our sole discretion.  If we make changes to the Terms of Use, we will post them on the Website and revise the “Last Updated” date above.  All changes are effective immediately when we post them, and apply to all access to and use of the Website and the Subscriptions thereafter.  Your continued use of the Website or any Subscription following the posting of revised Terms of Use means that you accept and agree to the changes.  You are responsible for periodically visiting this page to check for any changes or updates.  

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, all Subscriptions, and any service or material we provide on the Website or in the Subscriptions, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website to users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website, including procuring the necessary equipment and internet connectivity.
  • Ensuring that all persons who access or use the Website or any Subscription through your internet connection are aware of these Terms of Use and comply with them.

To access the Website, a Subscription, or any of the resources they offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website and the Subscriptions that all the information you provide to us is correct, current, and complete.  You agree that all information you provide to us, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, and to terminate or otherwise restrict your use of the Website or any Subscription, without compensation or notice, at any time if, in our opinion, you have violated any provision of these Terms of Use or you are engaged in illegal or improper use of the Website.

 

Intellectual Property Rights

“24 East”, “the sun always rises in the . . .”, the Company logo, and all related names, logos, product and service names, designs, and slogans are the trademarks or service marks of the Company or its affiliates or licensors.  You must not use such marks in any manner whatsoever without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans used on this Website are the trademarks of their respective owners.

The Website, all Subscriptions, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, photos, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.  All such rights are reserved.  You agree that you will not use such proprietary information or materials in any way whatsoever except in compliance with these Terms of Use.  

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Website or any Subscription for any public and/or commercial use without the prior written permission of the Company.

You may print or download one copy of extracts of any page(s) from the Website or any Subscription for your personal reference, and you may draw the attention of others within your organization to material posted on the Website or in Subscriptions.  However, you must not:

  • Modify paper or digital copies of any materials from the Website or any Subscription.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or any Subscription in breach of the Terms of Use, your right to use the Website and the Subscriptions will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website, any Subscription, or their content is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website or any Subscription not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website and the Subscriptions only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website or any Subscription:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
  • In any way that would infringe or breach any legal rights of the Company or any third party (including without limitation intellectual property and privacy rights).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit material that is obscene, indecent, pornographic, profane, racist, sexist, discriminatory, derogatory, harassing, threatening, malicious, untrue, or defamatory.
  • To impersonate, attempt to impersonate, or misrepresent your relationship with the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or any Subscription, or which, as determined by us, may harm the Company or users of the Website or expose either to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means or any manual process to access the Website for any purpose, including monitoring, collecting, or copying of any material on the Website.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Use, deliver, or introduce any viruses, trojan horses, worms, logic bombs, or other computer programming material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Company, to its source, or exploit the Website, any Subscription, or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided by the Website.
  • Otherwise attempt to interfere with the proper working of the Website.

Reporting Claims of Copyright or Trademark Infringement

We respect the copyright and trademark rights of others, and we expect you to do the same.  We will respond to notices of alleged copyright or trademark infringement that comply with the Digital Millennium Copyright Act and trademark laws.  In addition, it is the Company’s policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others.  

If you believe any material posted on or accessible through the Website or any Subscription infringes your copyright or trademark rights, you may request removal of those materials (or access thereto) by sending a written notice of infringement to our designated agent at the address below.  The written notice must specify the nature of the copyright or trademark infringement and include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly infringed.
  • Identification of what copyright or trademark rights you claim have been infringed.  For copyrights, you must identify the copyrighted work that you claim has been infringed or, if the claim involves multiple works, a representative list of such works.  For trademarks, you must identify the trademark that you claim has been infringed and a description of the basis for your claimed trademark rights, including the country or jurisdiction in which you claim such rights, any applicable registration number, and the category of goods and/or services for which you claim such rights.
  • Identification of the claimed infringing material, including the location of that material on the Websites or Subscription.
  • Contact information, including the copyright or trademark owner’s name, your name, postal address, telephone number, and, if available, e-mail address.
  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright or trademark owner or authorized to act on behalf of the owner.

Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.  By submitting an infringement notice, you acknowledge and agree that the Company or its designated agent may forward the information you provide in your notice to the person or entity responsible for the allegedly infringing material.  You can send your infringement notice to the Company’s designated agent at the following address:

24 East, LLC
Attn: Copyright/Trademark Agent
P.O. Box 3624
Oakland, California 94609
inquiries@24east.com

Website And Subscription Content

The content of the Website and the Subscriptions is not intended to amount to advice on which reliance should be placed.  Any of the material on the Website or in the Subscriptions may be out of date or incomplete at any given time, and we are under no obligation to update such material.  You assume sole responsibility for results obtained from your use of the Website and/or any Subscriptions, and for any conclusions drawn from such use.  You understand that by using the Website, you may be exposed to content posted or submitted by third-parties that is offensive, indecent, or objectionable.  We may update the content of the Website and the Subscriptions over time in our discretion without notice to you.  

You agree that you will not post on the Website or otherwise submit any material to us unless you have created that content yourself or you have permission from the content owner to do so.  You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, and sub-licensable license to use any material that you submit to us for any purpose, including our use on the Website or in Subscriptions or for marketing our services (by any means and in any media).

Although the Company has no obligation to screen, edit, or monitor any content posted or otherwise submitted to the Website or any Subscription by you or any third-party, we reserve the right to remove or modify any material that you post or otherwise submit to the Website for any reason, in our sole discretion without notice.  

Linking to the Website and Social Media Features

You may link from your website to the Website homepage, provided that you do so in a fair and legal way without damaging our reputation or taking 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.  In particular, you must not:

  • Make any warranties or representations about us, our services, or our policies except with our prior express authorization.
  • Make any false or misleading statements about us or our services or policies.
  • State or imply that we have endorsed your website or are associated with it.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking, or in-line linking on any other site.
  • Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  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 discretion.

Links from the Website

The Website and the Subscriptions may contain links to other sites and resources provided by third parties, including links contained in advertisements.  These links are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.  We do not provide any endorsement or recommendation of any linked third-party website.  We have no control over the contents of those linked sites or resources, and we accept no responsibility for those contents or for any loss or damage that may arise from your use of them.  If you decide to access any of the linked third-party websites, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.  The third-party websites’ terms and conditions, terms of use, and privacy policies will apply to your use of those websites and any orders you make for goods and services via such websites.  If you have any questions, concerns, or complaints about a third-party website, you must direct them to the operator of that third-party website.

Geographic Restrictions

The Company is based in the State of California in the United States of America.  We provide this Website and all Subscriptions for use only by persons located in the United States.  We make no representation that the Website, any Subscription, or any of the contents of the Website or the Subscriptions are accessible or appropriate for use outside of the United States.  If you access or use the Website or any Subscription from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with applicable local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website, or any Subscription will be free of viruses or other destructive code.  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.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY SUBSCRIPTION, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENT, THE SUBSCRIPTIONS AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN SOLE RISK.  THE WEBSITE AND ITS CONTENT, THE SUBSCRIPTIONS AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SUBSCRIPTIONS.  WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT, THE SUBSCRIPTIONS AND THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  THE COMPANY WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR OWN SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

THE COMPANY HEREBY DISCLAIMS 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY SUBSCRIPTION, ANY CONTENT ON THE WEBSITE OR ANY SUBSCRIPTION, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.  IF SUCH LIABILITY CANNOT BE EXCLUDED, IN NO EVENT WILL THE COLLECTIVE MAXIMUM LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR ANY APPLICABLE PAID SERVICES IN THE LAST 12 MONTHS BEFORE YOUR CLAIM AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.  

Indemnification

By using the Website or requesting any Subscription, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, representatives, 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 (1) your actual or alleged: (a) breach of your representations, warranties, or obligations set forth in these Terms of Use; (b) wrongful or improper use of the Website or any Subscription; (c) violation of any third-party right, including without limitation any privacy, publicity, or intellectual property rights; and (d) violation of any law, rule, or regulation of the United States or any other country; and (2) any other party’s access and/or use of the Website or any Subscription with your unique name, password, or other appropriate security code.

Governing Law and Binding Individual Arbitration

These Terms of Use, your use of the Website and any Subscription, and any disputes, claims, or controversies (“Disputes”) arising under or relating to these Terms of Use, the Website, or any Subscription shall be governed by the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule and the Federal Arbitration Act, 9 U.S.C. §§ 1-16.  

You and the Company agree to arbitrate all Disputes.  Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly.  Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.  ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.  YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) according to this provision and the applicable arbitration rules.  All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.  The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.  For purposes of this arbitration provision, references to you and the Company also include respective affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).  Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration.  If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside.  Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location.  The Company will pay all the arbitration fees.  If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator.  For any claim where you are seeking relief, the Company will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous.  Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR ANY SUBSCRIPTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

The Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  

If any provision of these Terms of Use is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and 24 East, LLC with respect to the Website and the Subscriptions, and this agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.  Headings are included for convenience only, and shall not be considered in interpreting this agreement.