Terms of Service

 

Updated May 16, 2018

Squarespace Terms

Enteringthebar.com (the “Site”) is hosted on Squarespace, Inc. ("Squarespace"). Your data is collected by and stored through Squarespace and/or its agents, service providers, and/or third parties (collectively, "Squarespace").

Squarespace’s terms and policies set forth the manner in which your information may be handled. Below are some examples of their policies, however, a complete list is available by visiting Squarespace’s website at www.squarespace.com:

Except where in conflict with the below, Squarespace’s Terms of Service and policies (whether set forth above or not), are incorporated into these Terms of Service (the “Terms”).

Incorporation by Reference

Please note that Squarespace’s terms and policies (as noted above), as well as the Copyright Notice, Disclaimers, and Privacy Policy posted on this Site are incorporated into these Terms. Where terms are capitalized below, but not defined, they may be defined elsewhere on this Site. For instance, “Content” is defined in the Copyright Notice posted on this Site.

Disclaimer

The Content available on this Site is in no way intended to and shall not be construed to constitute legal advice. The Site disclaims any liability or loss in connection with the Content obtained on or through this Site. For additional information, please see the disclaimer explanation in plain English here.

Links

Links on this site may direct you to third party websites ("Links") that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any such Links, or for any other materials, products, or services available via these Links.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Links. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

User Feedback

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and their accuracy. We take no responsibility and assume no liability for any Feedback from you or any third party.

Indemnification

You agree to indemnify, defend, and hold harmless the Site owner, its licensors, vendors, and service providers (including, but not limited to, Squarespace), and their directors, officers, employees, or agents (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Site, Content, these Terms (and/or the breach or alleged breach of such Terms), or from any of your acts or omissions in connection with the Site or the Content.

Limitation of Liability

IN NO EVENT WILL THE INDEMNITEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THIS SITE, CONTENT, OR ANY RELATED MATERIALS ACCESSED THROUGH OR DOWNLOADED FROM OR THROUGH THIS SITE, EVEN IF THE INDEMNITEES ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE INDEMNITEES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $150 OR THE AMOUNT PAID BY YOU TO THE INDEMNITEES FOR ACCESS TO THE SITE DURING THE PREVIOUS MONTH PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Dispute Resolution and Arbitration

Informal Resolution

Before filing a claim against the Indemnitees, you agree to try to resolve the dispute by first emailing lizlash@enteringthebar.com and legal@squarespace.com with a description of your claim. We will attempt to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, then you, the Site owner, and/or Squarespace may then bring a formal proceeding.

Arbitration

Except for:

(i)             those terms of service or policies which may be governed by Squarespace’s dispute resolution procedures, as set forth in Squarespace’s Terms of Service; or

(ii)           any legal action taken by the Indemnitees to collect or recover damages for – or obtain any injunction relating to – Site operations, intellectual property, or Content:

any legal controversy or claim arising from or relating to these Terms and/or the Site will be arbitrated solely by JAMS, Inc. (“JAMS”), who will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) in effect at the time of the dispute. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. 

The arbitration will be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You and/or the Indemnitees may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect your or their rights or property pending the completion of arbitration. Each party will bear a pro rata portion of the arbitration fees and costs.

Choice of Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the state of New York without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to the Site or its Content must be instituted within one (1) year after the cause of action arose or be waived and barred. 

Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of this Site and its Contents.

Changes to these Terms

We reserve the right to modify these Terms at any time. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this policy, we will notify you here that it has been updated.

Your Acceptance of These Terms

By visiting this Site, you consent to these Terms and to the collection and use of this information by the Site and/or by Squarespace.

By visiting this Site, you also agree that the Site and/or Squarespace may retain and use your information as described herein.

By using this site after we post any changes to these Terms, you agree to accept those changes. If you choose to visit this Site, your visit and any dispute is subject to these Terms.

Questions and Contact Information

If you have any questions about these Terms, the practices of this Site, or your interactions with this Site, you may contact lizlash@enteringthebar.com.

If you have questions, comments or complaints about Squarespace's Terms of Service, please email Squarespace at legal@squarespace.com.

If you have questions, comments or complaints about Squarespace’s privacy policies, please email Squarespace at privacy@squarespace.com, or write to the addresses below:

If you are a resident of or have your principal place of business in the US:

Squarespace, Inc.
Attention: Legal - Privacy
225 Varick Street, 12th Floor
New York, NY 10014 United States

If you are a resident of or have your principal place of business anywhere other than the US:

Squarespace Ireland Ltd.
Attention: Legal - Privacy
Le Pole House, 1st Floor
Ship Street Great
Dublin 8 Ireland

Effective May 2018