These User Terms of Use (“Terms”) govern your utilization of the platform of websites and online services (the “Platform”) provided by WestchesterConcierge.com. By accessing or using the Platform, you agree to abide by these Terms. Please read them carefully.

ELIGIBILITY

You may not access or use the Platform if you are under 13 years old. If you are between 13 and 16 and reside in a jurisdiction where parental consent is required for the processing of personal information, you may only use the Platform with such consent. We reserve the right to deny access to users under specific ages, as determined in our sole discretion.

Users under 18 (or the legal age of majority in their jurisdiction) must obtain permission from a parent or legal guardian to use the Platform. Parents or legal guardians are fully responsible for the actions of users under 18, including any breaches of these Terms, and must assess the suitability of the Platform for such users.

USER ACCOUNTS

When registering for an account on our Platform, you must provide accurate information and ensure its ongoing accuracy. Safeguard your account by maintaining its security, including logging out after each session. Promptly report any unauthorized access to your account or credentials.

You are responsible for any activities conducted under your account, even if authorized by others. We reserve the right to reclaim usernames for various reasons, including legal claims by trademark holders.

WestchesterConcierge.com may suspend or terminate your account or access to the Platform at any time and for any reason, without liability.

SUBSCRIPTIONS

Additional terms and conditions (“Other Subscription Terms”) may apply to subscriptions purchased on our websites. These terms will govern the purchase and renewal of specific subscriptions.

Pricing: Subscription prices are subject to change, but changes will not affect prior purchases except for auto-renewing subscriptions, where price adjustments take effect upon notice.

Taxes: You are responsible for applicable taxes related to your purchases. We may estimate taxes at checkout, but actual charges may vary.

Payment Method: Only valid payment methods acceptable to us may be used. You authorize us to charge your designated payment method for purchases.

Auto-Renewal: Subscriptions may include auto-renewal, which charges your payment method at the end of each subscription period unless canceled. You can cancel anytime, but refunds are not provided for early cancellations.

Errors and Refunds: We reserve the right to correct errors in pricing and may issue refunds at our discretion, except where prohibited by law.

USER CONTENT AND AUTHOR CONTENT

Our Platform allows users to post comments, messages, photos, and other materials (“User Content”). By submitting User Content, you grant Westchester Concierge a perpetual, irrevocable, royalty-free license to use, reproduce, and distribute your content for any purpose.

You may also submit original works (“Author Content”) for publication or monetization. Except for the license granted above, you retain all rights to your content.

You must not submit content that violates these Terms or infringes upon the rights of others. We may remove or delete content at our discretion.

USER CONDUCT AND CONTENT

Your use of the Platform is subject to compliance with these Terms. You may utilize the Platform solely for personal, non-commercial purposes unless explicitly pre-approved otherwise by WestchesterConcierge.com. Any unauthorized use of the Platform is strictly prohibited.

You agree not to violate any laws, contracts, intellectual property rights, or commit torts while using our Platform. Additionally, you must:

• Refrain from engaging in harassing, threatening, discriminatory, or stalking behavior.
• Not use another user’s account without authorization.
• Avoid impersonating any person or entity or misrepresenting affiliations.
• Abstain from making the Platform available to third parties or using it to develop competitive products.
• Respect intellectual property rights by not copying, reproducing, or distributing Platform content without permission.
• Use the Platform as intended and refrain from activities that could disrupt or impair its functionality.
• Abide by instructions and safeguards implemented by WestchesterConcierge.com.
• Not engage in spamming, solicitation, or unauthorized collection of personal information.
• Refrain from using the Platform for illegal or unauthorized purposes.

Additionally, you must not create, post, store, or share any content that:

• Violates confidentiality or lacks necessary disclosure rights.
• Contains unlawful, defamatory, obscene, or fraudulent material.
• Encourages criminal activity or infringes upon intellectual property rights.
• Fails to reflect honest views and experiences.
• Infringes upon privacy rights or contains unsolicited promotions.
• Includes viruses, harmful files, or objectionable content.

Enforcement of these rules is at Westchester Concierge.com’s discretion, and failure to enforce them in some instances does not waive the right to enforce them in others.

OWNERSHIP

All content within the Platform, including Partner Content and Submitted Content, is owned by Westchester Concierge.com or its licensors and is protected under relevant laws. Except as explicitly stated, all rights to the Platform are reserved by Westchester Concierge.com or its licensors.

FEEDBACK

You may provide Feedback to Westchester Concierge.com voluntarily, granting us a license to use such Feedback for any purpose without acknowledgment or compensation to you.

TRADEMARKS

Westchester Concierge.com’s trademarks and names are owned or licensed by Westchester Concierge.com and may not be used without prior written permission. Other trademarks mentioned on the Platform are the property of their respective owners.

REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

We terminate the accounts of users who repeatedly infringe others’ intellectual property rights. If you believe content on our Platform infringes your copyright, please notify our designated agent.

PARTNER AND OTHER THIRD-PARTY CONTENT

The Platform may include Third-Party Content, for which Westchester Concierge.com is not responsible. Your interactions with such content are solely between you and the third party providing it.

MODIFYING AND TERMINATING OUR PLATFORM

Westchester Concierge.com reserves the right to modify or suspend the Platform at any time. You also have the right to stop using the Platform at any time, but Westchester Concierge.com is not liable for any resulting loss or harm.

INDEMNIFICATION

You agree to indemnify and hold harmless Westchester Concierge.com and its respective officers, directors, agents, and employees from any Claims arising from your use of the Platform or violation of these Terms.

DISCLAIMERS; ASSUMPTION OF RISK

Your use of the Platform is at your own risk. Westchester Concierge.com provides the Platform “as is” and does not guarantee its availability, accuracy, or reliability.

LIMITATION OF LIABILITY

Westchester Concierge.com’s liability for any claim related to these Terms or the Platform is limited to the greater of $100 or the amount paid by you to use the Platform in the preceding 6 months.

RELEASE

To the fullest extent permitted by applicable law, you release Westchester Concierge.com and all related parties from any responsibility, liability, claims, demands, and damages arising from disputes between users or the actions of third parties. If you are a consumer in New York, you waive your rights under New York Civil Practice Law and Rules § 4547 regarding unknown claims.

DISPUTE RESOLUTION; BINDING ARBITRATION

Arbitration is required for certain disputes and claims with Westchester Concierge.com, except where you opt out as outlined below. No class or representative actions are allowed. Disputes will be resolved through individual action or arbitration, except for small claims or claims for intellectual property infringement.

Arbitration will be conducted by JAMS and will be held in New York City, unless you are a consumer, in which case you may choose arbitration in your county of residence. The arbitrator will have exclusive authority over the dispute and will conduct only individual arbitration.

You have the right to opt out of binding arbitration within 30 days of accepting these Terms by emailing [email protected]. If any part of this arbitration provision is found unenforceable, the remainder will remain in effect.

GOVERNING LAW AND VENUE

Disputes not subject to arbitration will be governed by the laws of New York, and resolved in the state or federal courts of New York County, New York.

MODIFYING THESE TERMS

Westchester Concierge.com may update these Terms from time to time. Material changes will be notified to you, and your continued use of the Platform confirms acceptance of the changes. Modification of these Terms does not create a new right to opt out of arbitration unless changes are made to the arbitration provision.

MISCELLANEOUS

These Terms constitute the entire agreement between the parties and supersede all prior agreements. Failure to enforce any provision does not waive the right to enforce it later. If any provision is found unlawful, the remainder remains valid.

You can communicate electronically with Westchester Concierge.com.