The Terms & Conditions were last updated on March 26, 2022
By accessing and/or using this website and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions of use of the Site (the “Terms of Use”). First Shelbourne LLC reserves the right to change the terms, conditions, and notices under which this Site is offered without notice at any time. Each access or use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.
1. Limited License to Use the Site
Except as specifically permitted below, nothing contained in these Terms of Use or the Site either grants or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of First Shelbourne LLC. First Shelbourne reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material in the Site.
First Shelbourne grants you a limited, nonexclusive license to display and otherwise access and/or use the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that access and/or use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the Site.
2. Links to Third-Party Web Sites
First Shelbourne has not necessarily reviewed any of the websites that may be linked to the Site, and is not responsible for their content. First Shelbourne is not responsible for the privacy practices of such other websites. Your linking to or use of any off-site pages or other websites is at your own risk. First Shelbourne’s inclusion of links to other websites does not imply any endorsement of the material located on or linked to by such websites.
3. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, FIRST SHELBOURNE SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE ACCESS AND/OR USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF FIRST SHELBOURNE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
4. General
These Terms of Use are governed by the laws of the State of New York, without reference to their conflicts of laws provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in New York, NY as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site.
Except with regard to requests pertaining to personal information (which address is provided in the Privacy Policy any notice to First Shelbourne shall be given in writing and sent by registered mail to First Shelbourne LLC, 7 Shelbourne Lane, Commack, NY 11725, Attention: General Counsel.
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity, or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
“First Shelbourne” and related marks, images, and symbols are the exclusive properties of First Shelbourne LLC and the logo are trademarks are registered or are pending registration in the United States and several other jurisdictions.