Website Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between you and 13TH STREET BATHS LLC d/b/a GREENWICH VILLAGE BATHS (“Company”, “we” or “us”, and their variants, including “our” and “ours”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.greenwichvillagebaths.com (the “Website”), including any content, functionality, and services offered on or through it, whether as a guest or a registered user, and your booking and purchase of visits, prepaid packages, gift cards, and other goods and services from us, whether through the Website or at our facility (collectively, the “Onsite Services,” and together with the Website, the “Services”).
If the user engages with the Services under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your” and “yours”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons as if they were your own.
Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by this reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the foregoing requirements, and are otherwise of legal age to form a binding contract with Company. If you do not meet all of these requirements, you must not access or use the Services. Admission to our facility is limited to guests who are 18 years of age or older, without exception. Each guest must present valid government issued photo identification at entry.
As a condition of admission, each guest (including any guest who attends using an Entry (as defined below)) must review and accept our Guest Waiver, which is hereby incorporated into these Terms of Use by this reference. We will refuse admission to any guest who has not accepted the Guest Waiver. By booking a visit or purchasing a 10 Pack or 5 Pack (as defined below), you acknowledge that you have read and accept the Guest Waiver.
Facility Accessibility
Our facility is located in an existing building that does not have an elevator. Certain areas of the facility are accessible only by stairs, and step-free access is not available throughout the premises.
Guests with accessibility questions or who may require an accommodation are encouraged to contact us prior to booking so that we can provide additional information regarding the facility and discuss potential accommodations or alternatives that may be available.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Arbitration section below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with us or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: privacy@greenwichvillagebaths.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
Company’s name, the term GREENWICH VILLAGE BATHS, Company’s logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Feedback
You may from time to time provide us with comments, suggestions, or ideas relating to the Services, including its functionality, or our products/services (“Feedback”). You acknowledge and agree that we may use the Feedback in our business without restriction. All such Feedback will be considered non-confidential and non-proprietary. By providing any Feedback, you grant us and our vendors, and each of their and our respective licensees, successors, and assigns a perpetual, unlimited, irrevocable, non-exclusive, worldwide, fully paid up and royalty free right and license to use, reproduce, modify, perform, display, distribute, create derivative works of, and otherwise exploit and disclose to third parties any such material for any purpose.
Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any content available on or via the Website, any portion thereof, or any output generated, for training any machine learning or artificial intelligence tool, software or platform.
• Use any content available on or via the Website, any portion thereof, or any output generated, for the purpose of identifying a specific individual or extracting personal information.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Copy, mirror or otherwise attempt to replicate or reproduce the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Use of the Services
All information we collect as part of the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Bookings
Visits to our facility may be booked online through the Website or in person at our facilities. All bookings are subject to availability and are not final until confirmed. Any change to a booking (including a change to its date or time) will be treated as a cancellation of the original booking and a new booking, and the cancellation will be governed by the cancellation rules set out below.
Payment Methods, Wristbands, and In Facility Purchases
At the time of booking, you must provide to us a valid payment method, if one is not already available to us, and we will charge for the visit at that time.
At check in, you may receive a wristband linked to the payment method you provided, which can be used to make purchases inside the facility by tapping at a point of sale terminal. Each tap authorizes the resulting charge without signature or further authentication, and you are responsible for all purchases made using your wristband. Applicable taxes and gratuity may be added to each purchase.
Purchases made with your wristband are settled to the linked payment method. You understand that we may place an authorization hold on your payment method at check in, which will be released or adjusted after your visit. If your payment method is declined, you must provide another valid payment method before leaving the facility.
You are responsible for all charges on your assigned wristband, so it is important to notify us promptly if you lose or misplace it. Please keep it with you at all times during your visit. A replacement fee of up to twenty-five dollars ($25.00) may apply for each lost wristband, and you agree that we may charge you payment method such amounts in our discretion.
You authorize us, and any third party acting on our behalf to process payments, to charge the payment method you provide for all amounts due in connection with your bookings and purchases when you visit our facilities.
If you believe that a charge is incorrect, please notify on-site staff, or contact us at privacy@greenwichvillagebaths.com within thirty (30) days of the applicable incorrect charge so that we can attempt to resolve it before you initiate a dispute with your card issuer.
10 Pack and 5 Pack
We offer prepaid packages of multiple visits to our facility in groups of ten (10) or five (5) sessions each, (each, a “10 Pack” or “5 Pack” as applicable, and each visit included in a 10 Pack or 5 Pack, an “Entry”). A 10 Pack or 5 Pack (each, a “Pack”) may be purchased online through the Website or in person at our front desk. As used in these Terms of Use, the “Holder” of a 10 Pack or 5 Pack is the person who purchased it.
A Pack is a package of Entries only. It is not issued in, and does not represent, any dollar amount or monetary value, and it is not a gift card or gift certificate. Each Entry entitles its user to one visit to the facility. Entries may not be exchanged for cash or credit and may not be applied toward any other service or product.
EACH PACK EXPIRES TWELVE (12) MONTHS AFTER THE DATE OF PURCHASE. ANY ENTRY NOT USED BY THAT DATE EXPIRES AND WILL NOT BE REFUNDED, REPLACED, OR CONVERTED INTO CREDIT.
ALL PACK PURCHASES ARE FINAL. A PACK IS NON-REFUNDABLE IN ALL CASES, INCLUDING AS TO ANY UNUSED ENTRIES, EXCEPT AS PROVIDED BELOW FOR VISITS CANCELLED BY COMPANY.
The Holder may use Entries to bring guests who attend the visit together with the Holder, but otherwise a Pack may not be sold, transferred, or assigned.
Each person who uses an Entry must satisfy the facility admission requirements set out in the Acceptance of the Terms of Use section above, including the requirement to present valid government issued photo identification at entry.
If a visit booked using an Entry is cancelled at least 24 hours before its scheduled start time, the Entry will be returned to the Pack. If a visit booked using an Entry is cancelled less than 24 hours before its scheduled start time, or is a no show, the Entry is forfeited.
Cancellations, No Shows, Late Arrivals and Overstays
If you cancel a booking at least 24 hours before its scheduled start time, you will not receive a refund, but any amount you paid for the booking will be credited toward a future visit. Credits do not expire and are transferable.
If you do not attend a booked visit and have not cancelled it (a “no show”), or if you cancel a booking less than 24 hours before its scheduled start time, the booking is forfeited, and no refund or credit will be issued.
If you arrive late for a booked visit, your session will be shortened accordingly. No credit, refund, or extension will be provided for any portion of a session missed because of late arrival.
If a guest is refused admission for failure to meet any requirements listed in these Terms of Use, the booking for that guest will be treated as a no show.
We may cancel, reschedule, or shorten any booked visit at any time and for any reason, including for maintenance, capacity or staffing constraints, health or safety concerns, weather, or any event beyond our reasonable control. We will use reasonable efforts to notify you at the contact information associated with your booking.
If we cancel a visit for which you have paid, you may elect to receive either (a) a refund of the amount you paid for that visit, issued to the original payment method, or (b) a credit toward a future visit. If you have not yet been charged for the visit at the time of cancellation, you will not be charged, and any authorization hold placed on your payment method will be released. If Company cancels a visit booked using an Entry, the Entry will be returned to the Pack and credited toward a future visit.
Your appointment allows you access to our facility only for the period booked. Staying beyond the time needed for you to change after your appointment is not permitted. Please note that if you overstay your visit at our facilities beyond your scheduled time (each, an “Overstay”), we will charge your payment method a twenty-five dollar ($25.00) fee, beginning at the start of each thirty (30) minute segment of time that you Overstay your visit. This charge will be effective even if you do not Overstay for the entire thirty (30) minute period after the charge is made.
Except as expressly provided in this section, and to the fullest extent permitted by law, the remedies described above are your sole and exclusive remedies for any visit that we cancel, reschedule, or shorten.
Gift Cards
THE FOLLOWING TERMS AND CONDITIONS APPLY TO GIFT CERTIFICATES/GIFT CARDS.
We offer gift cards, each consisting of a physical or electronic card, certificate, code, or other record of a stated dollar balance issued by Company that is purchased in advance and represents a prepaid value redeemable for services or products offered by Company (each, a “Gift Card”). Gift Cards may be purchased through the Website or at Company's facility. By purchasing, accepting, or using a Gift Card, you agree to these Gift Card terms.
A Gift Card is separate from a Pack. If you use a Gift Card to purchase a Pack, the amount applied is treated as redeemed when you purchase the Pack, and the Pack is governed by the 10 Pack and 5 Pack section above.
All Gift Card sales are final. Except as expressly provided herein or as otherwise required by applicable law, Gift Cards cannot be refunded, exchanged, returned, or redeemed for cash.
Each Gift Card is valid for nine (9) years from the later of its date of issuance or the date funds were last added to it, as indicated on the Gift Card or in the purchase confirmation. Gift Cards may be redeemed for services and products offered by Company at any time before the expiration date, subject to these terms. We do not charge any activation, dormancy, inactivity, service, or other fee on a Gift Card, and the balance of a Gift Card will not decline because of the passage of time or non-use, except upon expiration as described herein.
If the remaining balance on a Gift Card is less than five dollars ($5.00), you may request that Company refund the remaining balance in cash. Company will honor such requests in accordance with applicable law. No other refunds will be offered after purchasing a Gift Card and the Gift Card sales are final and non-refundable otherwise.
To the fullest extent permitted by law, we are not responsible for lost, stolen, damaged, or destroyed Gift Cards, or for Gift Cards used without your authorization, and will not replace them or refund their value. You are responsible for safeguarding your Gift Card and any associated code or PIN, which should be treated like cash.
The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the available balance, you must pay the difference by another accepted method of payment. Gift Cards may not be used to purchase other Gift Cards unless Company specifically permits in each instance in its discretion. Gift Cards may not be resold, transferred for value, or used for any unlawful purpose. Unless stated otherwise, the Gift Card balance does not include applicable taxes or gratuities, which will be charged separately.
If we refund a visit that was paid for in whole or in part with a Gift Card, we will restore the applicable amount to the Gift Card instead of issuing it to another payment method, and the restored amount will be treated as funds added to the Gift Card on the date of restoration for purposes of the Gift Card’s expiration date.
Company may refuse to honor, or may deactivate, any Gift Card that it reasonably believes was obtained or used fraudulently, unlawfully, or in violation of these terms.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent].
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Services is based in the State of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
SMS Marketing Program
If you separately opt in to our SMS marketing program you authorize Company to send recurring marketing text messages to the mobile number you provide. These messages may include promotional offers and information about our products and services. Messages may be sent using an automatic telephone dialing system or other automated technology.
Participation is voluntary. Your consent is not a condition of purchasing any goods or services. Message frequency varies. Message and data rates may apply.
You may withdraw your consent at any time by replying STOP to a message or contacting us through the contact information below. We will also honor other reasonable requests to withdraw consent. You may receive a single message confirming your unsubscribe request. Reply HELP for assistance or contact us through the contact information below.
You confirm that you are the subscriber or customary user of the mobile number provided and are authorized to consent to receive messages at that number. Please notify us if you change or relinquish your mobile number.
You acknowledge that you may be charged fees by your mobile provider for receipt of our messages.
Our collection and use of information relating to the SMS marketing program are described in our Privacy Policy.
Disclaimer of Warranties and Limitation on Liability
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, AND ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE TOTAL AGGREGATE LIABILITY OF COMPANY AND THE PARTIES LISTED ABOVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and legal costs) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Arbitration
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). All such disputes, claims and controversies arising hereunder, including regarding breach, termination, enforcement, interpretation, or validity thereof (and including the determination of the scope or applicability of this arbitration provision) shall be resolved by final and binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures (the “Rules”) then in effect. The arbitration shall be conducted in New York City, before a single arbitrator selected in accordance with the Rules. Judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys’ fees, and the parties shall share equally the arbitrator’s fees and JAMS administrative fees, unless the arbitrator determines otherwise.
THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and our Guest Waiver constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Order of Precedence
If there is any conflict or inconsistency between these Terms of Use and the Guest Waiver, the following order of precedence will apply: (a) with respect to access to and use of our facility and its services, including any assumption of risk, release, waiver of liability, or health and safety requirement, the Guest Waiver will control; and (b) with respect to all other matters, including use of the Website, bookings, payments, cancellations, credits, Pack, and Gift Cards, these Terms of Use will control.
The disclaimers and limitations of liability in these Terms of Use are cumulative with, and do not limit, any release or waiver in the Guest Waiver. Nothing in these Terms of Use (including the Entire Agreement section) supersedes, limits, or modifies any Guest Waiver that you or any guest signed or accepted before accepting these Terms of Use, and any such Guest Waiver remains in full force and effect in addition to the Guest Waiver incorporated into these Terms of Use.
Any dispute arising out of or relating to the Guest Waiver will be resolved in accordance with the terms set forth in the Guest Waiver.
Your Comments and Concerns
The Services are operated by 13TH STREET BATHS LLC.
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: privacy@greenwichvillagebaths.com.