Terms & Conditions
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This document was created using a Contractology template available at http://www.contractology.com.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 21 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to FIFTH AND OLNEY LLC’s use of cookies in accordance with the terms of FIFTH AND OLNEY LLC's privacy policy.
License to use website
Unless otherwise stated, FIFTH AND OLNEY LLC owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without FIFTH AND OLNEY LLC’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without FIFTH AND OLNEY LLC’s express written consent.
Restricted access
FIFTH AND OLNEY LLC reserves the right to restrict access to any and all areas of this website, or indeed this entire website, at FIFTH AND OLNEY LLC’s discretion.
If FIFTH AND OLNEY LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
FIFTH AND OLNEY LLC may disable your user ID and password in FIFTH AND OLNEY LLC’s sole discretion without notice or explanation.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. FIFTH AND OLNEY LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, FIFTH AND OLNEY LLC does not warrant that:
a) this website will be constantly available, or available at all; or
b) the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
FIFTH AND OLNEY LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
a) to the extent that the website is provided free-of-charge, for any direct loss;
b) for any indirect, special or consequential loss; or
c) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if FIFTH AND OLNEY LLC has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit FIFTH AND OLNEY LLC’s liability in respect of any:
a) death or personal injury caused by FIFTH AND OLNEY LLC’s negligence;
b) fraud or fraudulent misrepresentation on the part of FIFTH AND OLNEY LLC; or
c) matter which it would be illegal or unlawful for FIFTH AND OLNEY LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, FIFTH AND OLNEY LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FIFTH AND OLNEY LLC’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect FIFTH AND OLNEY LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FIFTH AND OLNEY LLC.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify FIFTH AND OLNEY LLC and undertake to keep FIFTH AND OLNEY LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FIFTH AND OLNEY LLC to a third party in settlement of a claim or dispute on the advice of FIFTH AND OLNEY LLC’s legal advisers) incurred or suffered by FIFTH AND OLNEY LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to FIFTH AND OLNEY LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, FIFTH AND OLNEY LLC may take such action as FIFTH AND OLNEY LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
FIFTH AND OLNEY LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
FIFTH AND OLNEY LLC may transfer, sub-contract or otherwise deal with FIFTH AND OLNEY LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with the Privacy Policy (below) constitute the entire agreement between you and FIFTH AND OLNEY LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the governing law of the Commonwealth of Pennsylvania and/or the United States of America, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania.
FIFTH AND OLNEY LLC’s Details
You can contact FIFTH AND OLNEY LLC by email to info@fifthandolney.com.
Privacy Policy
This privacy policy sets out how FIFTH AND OLNEY LLC uses and protects any information that you give FIFTH AND OLNEY LLC when you use this website.
FIFTH AND OLNEY LLC is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
FIFTH AND OLNEY LLC may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/17/2018.
What we collect
We may collect the following information:
a) name and job title;
b) contact information including email address;
c) demographic information such as postcode, preferences and interests;
d) other information relevant to customer surveys and/or offers.
What we do with the information we gather
We require this information to understand your needs and provide you with better service, and in particular for the following reasons:
a) Internal record keeping;
b) We may use the information to improve our products and services;
c) We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided;
d) From time to time, we may also use your information to contact you for market research purposes, by email, phone, fax or mail;
e) We may use the information to customize the website according to your interests.
We will never sell your information.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@fifthandolney.com.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to info@fifthandolney.com.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.