Dated as of October 24, 2020
These terms of use are entered into by and between You and Milk Restaurant Consultants, LLC ("Company," "we," or "us"). The following terms and conditions govern your access to and use of www.augustpoint.co, including any content, functionality, and services offered on or through www.augustpoint.co (the "Website").
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy found at www.augustpoint.co/privacy-policy, incorporated herein by reference. If you do not want to agree to these terms of use or the privacy policy, you must not access or use the website.
This website is intended for the exclusive use of individuals over 18 years of age. If you are not over 18 years of age, you must not use or access this website. By using this website, you represent and warrant that you are of legal age to form a binding contract with the company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.
The owner of the Website is based in the State of New York in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this each time you access this Website so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, 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 both:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to this Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, available www.augustpoint.co/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, 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, trade secret, and/or other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use, but not for further reproduction, publication, or distribution.
You must not:
• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Website other than that set out in this section, you must obtain prior written consent from the Company. Please address any request for such consent to: info@augustpoint.co.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name and logo, all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company and/or its affiliates or licensors, except as stated above. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• 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 US or other countries);
• 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, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; or
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them 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 to access the Website for any purpose, including monitoring or copying any of the material on the Website;
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of the Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other 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;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy, available at www.augustpoint.co/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take 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.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for proper 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. To the fullest extent permitted by law, 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, smartphone, tablet, computer programs, data, or other proprietary material due to your use of the website or any 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, its content, and any services or items obtained through the website is at your own risk. The website, its 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. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site 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.
To the fullest extent permitted by law, 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 that cannot be excluded or limited under applicable law.
To the fullest extent permitted by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, directors, members, managers, and shareholders be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the website, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, shareholders, 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 of Use or your use of the Website, including, but not limited to, any use of the Website's content and services, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
To the fullest extent allowed by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.
You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. This includes all disputes regarding any current, past or future purchase or event, between you and us regarding our services, these Terms of Use or this Website, and whether the claims are based on contract, tort, warranty, statute, regulation, or other legal or equitable basis. We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, the Privacy Policy or the formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of this Agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury.
If you or we have a dispute with the other or this Website or our Agreement, notice must first be sent to the other party, including:
• name, address, and contact information of the party giving the notice
• the facts that are the basis of the dispute
• the remedy sought
For notices to us regarding a dispute, they must be emailed to: info@augustpoint.co with a copy mailed to:
110 William Street Suite
1410 New York,
New York 10038.
If we have a claim against you, we will notify you by the contact information you have provided to us.
We and you will then use good faith efforts to resolve the dispute through informal negotiations. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in New York County, New York, or if you and we agree remotely.
Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any term, provision, covenant or condition of these Terms of Use, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all other provisions of these Terms of Use shall remain in full force and effect. Further, all provisions, covenants and conditions held invalid, void or unenforceable shall be reformed by such a court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion as to best effectuate the intent of the Company as evident with respect to the provisions, covenants or conditions that were held to be invalid, void or unenforceable.
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Milk Restaurant Consultants, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by:
Milk Restaurant Consultants, LLC
110 William Street
Suite 1410
New York, New York 10038
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@augustpoint.co.