Legal – Sawyer

##Legal

Terms and Conditions
This Website is provided by Sawyer|Berson Architecture & Landscape Architecture, LLP (“Sawyer/Berson”). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).

###GENERAL

We may from time to time change the terms that govern your use of our Site or our Privacy Policy. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.

###SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Sawyer|Berson, and its subsidiaries, affiliates, and/or partners (collectively, “Sawyer|Berson”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Sawyer|Berson and all other trademarks appearing at this Site are trademarks of Sawyer|Berson, unless specifically disclaimed otherwise. Anything transmitted to the site by you becomes the property of Sawyer/Berson and may be used by us for any lawful purpose.

The contents of our Site, and the Site as a whole may not be downloaded or copied for any use whatsoever, personal or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

###LINKS TO OTHER WEBSITES AND SERVICES

To the extent that this Site contains links to outside services and resources the availability and content of which Sawyer|Berson does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. If you leave the Site via a link contained in the Site and view material that is not provided by Sawyer|Berson, you do so at your own risk.

###DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this Site are provided by Sawyer|Berson or its affiliates on an “as is” and “as available” basis, unless otherwise specified in writing.

Sawyer|Berson and its affiliates make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Site, unless otherwise specified in writing.

Sawyer|Berson and its affiliates do not warrant that this Site; information, content, materials, products (including software) or services included on or otherwise made available to you through this Site; their servers; or e-mail sent from Sawyer|Berson are free of viruses or other harmful components.

To the full extent permissible by applicable law, Sawyer|Berson and its affiliates disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Sawyer|Berson and its affiliates will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

###INDEMNIFICATION

You agree to defend, indemnify and hold Sawyer|Berson harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

###MISCELLANEOUS

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Sawyer|Berson’s products and services available in the United States and select foreign markets. This Site is controlled and operated by Sawyer|Berson from its offices in New York.

###GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts-of-laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in New York County, New York, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Sawyer|Berson and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. Such good faith resolution or resolution through mediation shall not entitle either party to attorneys’ fees. If the dispute cannot be resolved through mediation, then dispute shall be settled by arbitration in New York City, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, except as they may be modified by the parties’ written agreement. This arbitration clause shall not preclude a party from seeking urgent relief in a court of appropriate jurisdiction, if grounds for urgency exist.

###SEVERABILITY
If any clause of these Terms and Conditions shall ever be determined to be unenforceable, it is agreed that this will not affect the enforceability of any other clause or the remainder of the Terms and Conditions.

###TERMINATION

This Agreement is effective unless and until terminated by either you or Sawyer|Berson. You may terminate this Agreement at any time. Sawyer|Berson also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Sawyer|Berson’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Sawyer|Berson, you must promptly destroy all materials obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

###OUR COMMITMENT TO PRIVACY

Sawyer|Berson values its customers and respects their privacy. We collect customer information in an effort to improve your website experience and to communicate with you about our products, services, contests and promotions. We reserve the right to share your information with our affiliates and under certain circumstances, with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service.

This policy describes the personal information we collect about you, why we collect it, how we use it and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If you have any questions about our privacy policy, you can always contact Sawyer|Berson customer service in any of two ways:

Send us an e-mail at:
info@sawyerberson.com
Write to us at:
Sawyer|Berson, LLP
235 Park Avenue, 11th Floor
New York, NY 10003

If our information practices change in the future, we will post an updated policy on our Website. You can tell if the policy has changed by checking the revision date that appears at the end of this policy. You may exercise your choices about how we collect and use your information at any time.

###PRIVACY POLICY FAQ’S

What kind of information does Sawyer|Berson collect?
How does Sawyer|Berson use my information?
Does Sawyer|Berson share my information with third parties?
How do I update my information?
How do I unsubscribe from the Sawyer|Berson mailing list?
What are “Cookies,” and does Sawyer|Berson use them?

What kind of information does Sawyer|Berson collect?
We collect information, such as name, e-mail and postal addresses, and phone numbers from you when you visit our Website and request information.

How does Sawyer|Berson use my information?
When you sign up for our mailing list or otherwise request information, we will use your e-mail address to send you information about our products, services, contests, and promotions and to help us learn more about your shopping preferences. You always have the choice not to receive marketing information or calls.

Does Sawyer|Berson share my information with third parties?
In the unlikely event of a sale of some or all of our business, Sawyer|Berson will disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this privacy policy.

Sawyer|Berson reserves the right to disclose information about you as required by law, in response to legal process and law enforcement requests, and as necessary to protect the property, interests and rights of Sawyer|Berson, its affiliates, and others.

How do I update my information?
Email us at info@sawyerberson.com with your old information and what the new information should be.

How do I unsubscribe from the Sawyer|Berson mailing list?
Email us at info@sawyerberson.com and we will promptly remove your contact information from the list.

What are “Cookies,” and does Sawyer|Berson use them?
Cookies are small text files that may be downloaded on your web browser when you visit a website. They are widely used in order to make websites or applications work more efficiently and to provide information to owners of the website. Sawyer|Berson uses cookies to improve the use and functionality of its website and to gain a better understanding of how visitors use our website and services. We do not use cookies to store any personal information that could be read or understood by others. A cookie may contain information (such as a unique user ID), that is used to track the pages of the sites you’ve visited. Please be advised that when you close your browser, some cookies are stored in your computer’s memory while others expire or disappear.

Cookies used for the essential operation of this Site have already been set. By using this website, you agree to these terms and conditions, including the use of cookies as provided below.

Cookie Name Purpose
Google analytics _umta, _umtb, _umtc, _umtv, _umtz These cookies are used to collect information about how visitors use our Site. We use the information to compile reports and to help us improve the efficiency of our Site and services. The cookies collect information in an anonymous form, including the number of visitors to the Site, where visitors have come to the Site from and the pages they visited.
Browser cookie ASP.NET_SessionId This cookie is used to maintain and improve the functionality of our Site.

You can change your cookies settings at any time through your browser settings. However, if you decline to use cookies, you may not be able to use all the features of our Site.

If you have any questions about anything in this document or on the Site, you should contact us at 235 Park Avenue South, 11th Floor, New York, NY 10003, (212) 244-3055, or info@sawyerberson.com.