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Terms of service for LIOR GROUP LLC dba Aya New York

This privacy policy governs your use of the software application LIOR GROUP LLC dba Big Apple Living (“Application”) created by LIOR GROUP LLC dba Aya New York. 

 

Acceptance of Terms of Service

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

 

Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

 

Modification

LIOR GROUP LLC dba Aya New York reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

Membership

As part of the Services, you may apply to become a member of the LIOR GROUP LLC dba Aya New York. community (such members, “Members,” and such membership, “Ay Membership”). Members have access to certain residential Services.  An application for Aya Membership may involve several steps, including: (i) providing certain personal details, such as your name, email address and phone number; (ii) answering several optional questions about yourself, such as your housing budget, commuting needs and other housing preferences; (iii) providing payment information to a third-party payment processor that we use (the “Payment Processor”) such as direct debit information for an account with a financial institution or a credit card for the purpose of future processing of any payments to us that you authorize, such as Aya Membership, deposit and housing rental fees; (iv) electing to share certain personally identifiable information with third party websites, services or applications for the purposes of running a background or credit check; (v) agreeing to pay the Membership Fee (as defined in the Membership Agreement) in the event that Member is determined not to be in Good Standing (as defined in the Membership Agreement) as a Member; and (vi) a brief phone interview with one of our team members. We reserve the right to review applications for Aya Membership to confirm that the applicant meets the criteria for membership, as determined in our sole discretion. We may reject or approve applications for Aya Membership in our sole discretion. If you are approved for a Aya Membership, you will have the opportunity to review the Aya Membership Agreement (“Membership Agreement”) and upon execution of the Membership Agreement and entry into a Lease Agreement (as defined in the Membership Agreement) you will become a Member and the Membership Agreement, along with this Agreement, will govern your use of the Services.

 

Account Registration 

In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“LIOR GROUP LLC dba Aya New York Account”) and become a User. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your LIOR GROUP LLC dba Aya New York Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to LIOR GROUP LLC dba Aya New York through the Site, Services or Application; or (ii) allowing LIOR GROUP LLC dba Aya New York to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to LIOR GROUP LLC dba Aya New York and/or grant LIOR GROUP LLC dba Aya New York access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating LIOR GROUP LLC dba Aya New York to pay any fees or making LIOR GROUP LLC dba Aya New York subject to any usage limitations imposed by such third-party service providers. By granting LIOR GROUP LLC dba Aya New York access to any Third-Party Accounts, you understand that LIOR GROUP LLC dba Aya New York will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your LIOR GROUP LLC dba Aya New York Account and LIOR GROUP LLC dba Aya New York Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your LIOR GROUP LLC dba Aya New York Account on the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. LIOR GROUP LLC dba Aya New York makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and LIOR GROUP LLC dba Aya New York is not responsible for any SNS Content. We will create your LIOR GROUP LLC dba Aya New York Account and your LIOR GROUP LLC dba Aya New York Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active LIOR GROUP LLC dba Aya New York Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. LIOR GROUP LLC dba Aya New York reserves the right to suspend or terminate your LIOR GROUP LLC dba Aya New York Account and your access to the Site, Application and Services if you create more than one (1) LIOR GROUP LLC dba Aya New York Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your LIOR GROUP LLC dba Aya New York Account, whether or not you have authorized such activities or actions. You will immediately notify LIOR GROUP LLC dba Aya New York of any unauthorized use of your LIOR GROUP LLC dba Aya New York Account.

 

Privacy 

See LIOR GROUP LLC dba Aya New York’s Privacy Policy at https://LIOR GROUP LLC dba helloaya.com/privacy or information and notices concerning LIOR GROUP LLC dba Aya New York’s collection and use of your personal information.

 

Ownership

The Service is owned and operated by LIOR GROUP LLC dba Aya New York. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by LIOR GROUP LLC dba Aya New York are protected by intellectual property and other laws. All Materials included in the Service are the property of LIOR GROUP LLC dba Aya New York or its third party licensors. Except as expressly authorized by LIOR GROUP LLC dba Aya New York, you may not make use of the Materials. LIOR GROUP LLC dba Aya New York reserves all rights to the Materials not granted expressly in these Terms.
LIOR GROUP LLC dba Aya New York CONTENT AND MEMBER CONTENT LICENSE
Subject to your compliance with the terms and conditions of these Terms, LIOR GROUP LLC dba Aya New York grants you a limited, non-exclusive, non-transferable license, to (i) access and view any LIOR GROUP LLC dba Aya New York Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by LIOR GROUP LLC dba Aya New York or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that LIOR GROUP LLC dba Aya New York is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by LIOR GROUP LLC dba Aya New York of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. Some portions of the LIOR GROUP LLC dba Aya New York platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, http://www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights
All trademarks, service marks, logos, trade names and any other proprietary designations of LIOR GROUP LLC dba Aya New York used herein are trademarks or registered trademarks of LIOR GROUP LLC dba Aya New York. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Disclaimers
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LIOR GROUP LLC dba Aya New York DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LIOR GROUP LLC dba Aya New York DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND LIOR GROUP LLC dba Aya New York DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR LIOR GROUP LLC dba Aya New York ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE LIOR GROUP LLC dba Aya New York ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. LIOR GROUP LLC dba Aya New York does not disclaim any warranty or other right that LIOR GROUP LLC dba Aya New York is prohibited from disclaiming under applicable law

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LIOR GROUP LLC dba Aya New York WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LIOR GROUP LLC dba Aya New York NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIOR GROUP LLC dba Aya New York HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL LIOR GROUP LLC dba Aya New York’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, THE AMOUNTS PAID BY LIOR GROUP LLC dba Aya New York TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIOR GROUP LLC dba Aya New York AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification
You agree to release, defend, indemnify, and hold LIOR GROUP LLC dba Aya New York and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking of an Accommodation, (c) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation.

Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between LIOR GROUP LLC dba Aya New York and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between LIOR GROUP LLC dba Aya New York and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.

Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without LIOR GROUP LLC dba Aya New York’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. LIOR GROUP LLC dba Aya New York may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by LIOR GROUP LLC dba Aya New York (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state of New York for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

General
The failure of LIOR GROUP LLC dba Aya New York to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LIOR GROUP LLC dba Aya New York. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
CONTACTING LIOR GROUP LLC dba Aya New York
If you have any questions about these Terms or any App Store Sourced Application, please contact LIOR GROUP LLC dba Aya New York at info@helloaya.com

1220 Broadway Suite 801, New York, NY 10001      +1 212-810-9025     info@helloaya.com

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