Terms of Use

Introduction

Please read these Terms of Use (the “Terms”) carefully before you start to use this website. The website, including but not limited to https://www.lusherseastendguideservice.com/ (the “Site”), is owned by Lusher's East End Guide Service (“Lusher’s,” “we,” “our,” or “us”). Lusher’s provides the Site to you (the “user,” “you,” and “your,” as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms. These Terms are effective as of September 14, 2024. This version of these Terms replaces and supersedes any prior terms of use applicable to the Site. You may use the Site for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Site.

Binding Effect

These Terms constitute a legally binding agreement between you and Lusher’s. By using the Site, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Site manifests your agreement to be bound by these Terms each time you access the Site. If you do not agree to any of these Terms, do not use or access the Site.

General Use, License, and Termination

Lusher’s grants you a limited, nonexclusive, nontransferable, revocable license (without the right to sublicense) to make use of the Site, regardless of the medium by which the Site is accessed by you (e.g., via a web or mobile browser). You may view, copy, download, or print materials from the Site for your own personal use only. In this context, “personal use” does not include posting, uploading, or otherwise publishing the materials for any commercial purpose, except with our express written permission. This license does not include any rights not specifically enumerated herein.

You acknowledge that your use of the Site is at our sole discretion and your license to use the Site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of the Site, to terminate any user’s account, where applicable, and to alter or delete any material submitted to the Site through the user’s account, where applicable. Following termination of this license, these Terms shall apply to the extent practicable.

The Site is intended for use by those who are eighteen (18) years of age or older only without consent of a parent or legal guardian. If you are not 18 years of age or older, you are prohibited from using the Site without the consent, accompaniment, and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of the Site by children, minors, and others under your care, and you agree to be fully responsible for their use of the Site.

Prohibited Conduct and Activities

Except as expressly provided in these Terms, and without altering the scope of the license granted to you, you are hereby prohibited from: (a) modifying, adapting, translating, copying, reproducing, imitating, distributing, publishing, or reselling the Site or any of the content on the Site; (b) bypassing any technical measures used to prevent or restrict access to any portion of the Site; (c) reverse engineering, decompiling, disassembling, or otherwise obtaining the source code of the Site, except as interpreted and displayed in a web browser; (d) using or attempting to use any data mining, robot, spider, or similar automated or manual data gathering and extraction tools to access the Site’s listings or content; (e) circumventing or attempting to circumvent the security of the Site; (f) interfering or attempting to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Lusher’s or users of the Site or expose them to liability; (g) altering or modifying, or attempting to alter or modify any part of the Site; (h) attempting to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing, or any other means; (i) accessing or attempting to access password protected, secure, or non-public areas of the Site, except as authorized by Lusher’s; (j) taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site; (k) using reports, content, electronic documentation, or other materials available on the Site to feed any downstream product, application, or website; (l) engaging in any activity that markets another business or attracts Lusher’s users to a third party; (m) making commercial use of the Site or any of its content; (n) using the Site to stalk, harass, bully, or harm another person; or (o) engaging in or promoting illegal activities.

Intellectual Property Rights

Unless otherwise noted, all content provided on the Site, including images, illustrations, designs, icons, photographs, video clips, text, and other material, is the property of Lusher’s or its suppliers, licensors, talent, partners, or affiliates and is protected by United States and international copyright laws. Any and all content on the Site is either the property of Lusher’s or is used by us with the permission of its owner. The compilation of the Site is the exclusive property of Lusher’s and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with Lusher’s ownership of the Site and content.

The trademarks, logos, and service marks displayed on the Site are owned by Lusher’s and other third parties, and the Site’s trade dress is owned by Lusher’s. All trademarks not owned by Lusher’s are the property of their respective owners, and, where used by Lusher’s, are used with permission. Nothing contained on the Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Lusher’s trademarks and/or trade dress may not be copied, imitated, or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Lusher’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on the Site.

Some products and processes offered on the Site may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Any and all products or processes on the Site are either the property of Lusher’s or are used by us with the permission of its owner. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on the Site. You acknowledge that Lusher’s is in the business of providing services and agree that you will not file patent applications on the services or processes and methods of using the services. You further agree that in any event, any such patents will not be asserted against Lusher’s or its customers based upon purchase and use of such services provided on the Site.

Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site, including any copyrighted, patented, or trademarked content. You may only use the materials and content on the Site as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright, patent, and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

User Account

Before you can make use of certain services associated with the Site, you may be required to register with the Site and create an account. You agree and warrant that all information you provide to us through the Site, including but not limited to any contact information or registration information, is truthful, accurate, and up-to-date. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your information, including but not limited to any changes to your email address.

You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security you become aware of. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your authority or knowledge, including but not limited to breaches or misuse of your personal information, unauthorized payments or fund transfers, or financial loss.

By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt-out of receiving promotional communications, we reserve the right to email you informational communications about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act.

You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading, or transferring emails associated with your account) to any other person or entity.

Links to Other Sites

The Site may contain links to third-party websites or services that are not owned or controlled by Lusher’s. Lusher’s has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Lusher’s is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Lusher’s makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the Site or the information, content, materials, or products included on the Site. Lusher’s does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or its server is free of viruses or other harmful components.

TO THE FULLEST EXTENT PERMITTED BY LAW, Lusher’s DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL Lusher’s OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, OR DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SITE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR THE CONTENT STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED ON THE SITE.

Indemnification

You agree to defend, indemnify, and hold harmless Lusher’s and its officers, directors, employees, agents, partners, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Site or your violation of these Terms or any applicable law or regulation.

Changes to These Terms

Lusher’s reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting of the revised Terms on the Site, with the effective date noted at the top of these Terms. Your continued use of the Site following the posting of any changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for any changes. If you do not agree with the revised Terms, you must cease using the Site.

Governing Law and Dispute Resolution

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or the Site shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the jurisdiction and venue of such courts.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable, reflecting the parties’ original intent as closely as possible.

Entire Agreement

These Terms constitute the entire agreement between you and Lusher’s regarding the use of the Site and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

Contact Us

If you have any questions about these Terms, please contact us at l.lusher@hotmail.com.

If you are in the EEA or UK, you also have the right to lodge a complaint with a competent supervisory authority. For more information, please visit EDPB or ICO.