Terms of Use

UPDATED: October, 2010

The World Wide Web site located at www.apella.com (the “Site”) for the Apella conference center (the “Conference Center”) is a copyrighted work belonging to Cluster Amenities No. 1, LLC (“we,” “us” or “our”). We own and operate the Site. The Conference Center is owned by us and operated by Backal Management Group, LLC (the “Conference Center Operator”). We grant you the right to use the Site subject to these terms and conditions of use (these “Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

Our Privacy Policy is hereby incorporated into these Terms of Use.

1. LICENSE. The documents and other information and content available on the Site (the “Site Content”) are protected by copyright laws throughout the world. We grant you a limited license to reproduce portions of the Site Content for the sole purpose of reviewing the Site Content. All copyright and other proprietary notices on any Site Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Site Content is strictly prohibited. We and our service providers reserve all rights not granted in these Terms of Use.

2. TRADEMARKS. The marks, “APELLA,” “ALEXANDRIA CENTER,” and “RIVERPARK,” in word and stylized formats, and all related graphics and logos appearing on our Site are owned by our affiliates. Other trademarks, service marks, and trade names that may appear on the Site are the property of their respective owners. The trademarks, service marks, and trade names appearing on our Site may not be used for any purpose other than your review of Site in accordance with Section 1 above.

3. MODIFICATION. We reserve the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuance of the Site.

4. FEEDBACK. We will treat any feedback or suggestions regarding the Site Content or Conference Center that you provide to us directly or which you provide to, and we receive from, the Conference Center Operator or any of our service providers, as non-confidential and non-proprietary. Thus, in the absence of a written agreement with us to the contrary, you agree that you will not submit to us, the Conference Center Operator, or any of our service providers any feedback or suggestions regarding the Site Content or Conference Center that you consider to be confidential or proprietary.

5. THIRD PARTY LINKS. The Site may contain links to other web sites operated by third parties. Such third party web sites are not under the Conference Center Operator’s or our control. Neither we nor the Conference Center Operator are responsible for the content of any third party web site or any link contained in any third party web site. We provide these links only as a convenience and neither we nor the Conference Center Operator review, approve, monitor, endorse, warrant, or make any representations with respect to any third party web sites. Such third party web sites are subject to their own terms (including without limitation privacy terms). These Terms of Use do not apply to such third party web sites.

6. Riverpark Website. The Site contains links to the Riverpark web site located at www.riverparknyc.com (the “Riverpark Site”). The Riverpark Site is owned by us but is subject to its own terms (including without limitation privacy terms) available on the Riverpark Site. These Terms of Use do not apply to the Riverpark Site.

7. WARRANTY DISCLAIMER. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT.

8. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SITE OR SITE CONTENT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, AND THE SITE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED FIFTY DOLLARS ($50). OUR SERVICE PROVIDERS (INCLUDING WITHOUT LIMITATION THE CONFERENCE CENTER OPERATOR) WILL HAVE NO LIABILITY OF ANY KIND UNDER OR AS A RESULT OF THESE TERMS OF USE.

9. AMENDMENT. We may, at any time, revise these Terms of Use by updating this posting. By using the Site after any changes have been made, you agree to be bound by such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Site.

10. GENERAL PROVISIONS. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that would require the application of the law of a different state. By using the Site, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts located in New York City for any lawsuit filed there against you related to these Terms of Use.

11. CONTACT US. If you have any questions regarding these Terms of Use, please contact us at the following e-mail address: privacy@apella.com.

APELLA, EVENT SPACE AT ALEXANDRIA CENTER™ | 450 EAST 29TH STREET, 2ND FLOOR | NEW YORK, NY 10016 | TEL 212.706.4100 | FAX 212.706.4101 | CONTACT US