Terms and Conditions of Use and Privacy Policy Page

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms and Conditions”) AND PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE.  THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE AND ARE BINDING BETWEEN YOU AND BROOME THOMPSON LLC.

Purpose of this Site
The Broome Thompson LLC Web Site (the “Site”) is made available to you solely for informational, noncommercial use; nothing herein constitutes an offer to sell, lease, or provide any goods or services.

Acceptance of Terms and Conditions
Your access to and use of this Site is subject to your compliance with the following Terms and Conditions and all applicable laws.  By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein.  Broome Thompson LLC may revise these Terms and Conditions at any time by updating this posting.  Your continued use of this Site is contingent upon your agreement to be bound by any such revisions.  You can view the most current version of the Terms and Conditions at any time by visiting this Web page.  Please note that Web sites launched by any affiliates, subsidiaries or divisions of Broome Thompson LLC are governed by separate terms and conditions.

General Use of the Site
You must not post any content on the Site or use the Site in any way that is or may be considered (i) to be capable of infringing on any other person’s or other entity’s intellectual property rights (including but not limited to copyright, trade marks, design rights or database rights), (ii) in breach of any applicable law, whether criminal or otherwise or (iii) offensive, obscene, insulting, false, defamatory, unreliable, misleading or otherwise inappropriate.

In addition, you must not use the Site to (i) abuse, harass, stalk or threaten others, (ii)
advertise or offer to sell any goods or services (other than in accordance with these Terms and Conditions), (iii) conduct or forward surveys, contests or chain letters, (iv) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or any other computer, (v) upload files which contain an active hypertext link to another web site or (vi) download any file posted by us or another user that you know or reasonably should know, cannot be legally distributed in such manner.  You must not frame or link to the Site or any part of it without our express permission.  We shall be entitled at any time to delete, remove or suspend the whole or any part of the Site, including any content that you provide, without notice to you and without incurring any liability.  We may block or withhold your access to the Site if we have reasonable grounds to suspect any breach by you of these Terms and Conditions; that we or any user has incurred or may incur any liability in connection with the Site or if your use or content is otherwise inappropriate.

 

Information Relating to Available Space and Pricing
This Site enables you to access listings of available space and related pricing.  While we endeavor to keep these listings accurate and up to date, this information does not in any way constitute an offer by us.  If you are interested in leasing space in our building, please contact us through the “Contact” section of the Site.

No Resale of Services
You will not duplicate, copy, sell, resell or exploit any portion of the information contained in the Site.

Termination of Services
Broome Thompson LLC reserves the right to terminate your use or your access to the Site for any reason.  Any termination pursuant to this provision may be without prior notice and you agree that Broome Thompson LLC shall not be liable to you for such termination. 

Limited Authorization to Use Protected Material
Broome Thompson LLC grants you permission to display, download, and reproduce information posted on the Site (“Information”) subject to your agreement to abide by the following conditions: you may display, download, and reproduce the Information solely for non-commercial or business purposes by you or within your organization, and you must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information you display, download, or reproduce.  With the exception of the foregoing limited authorization, you are not granted any license to or right in connection with this Site.

This Site may contain or reference trademarks, patents, trade secrets, technologies, products, logos, processes or other proprietary rights (“Intellectual Property”).  All such Intellectual Property is the property of its respective owner, which may be Broome Thompson LLC and/or other parties.  Except as otherwise expressly stated herein, you are not granted any license to use, or right in, any such Intellectual Property.  Non-compliance, to any degree, with the above terms of use relating to displaying, downloading and reproduction of the Information, and the use of the Intellectual Property displayed or otherwise made available on the Site, constitutes a material breach of these Terms and Conditions and immediate forfeiture of the above limited authorization.

Accuracy. Limitation of Liability and Exclusion of Warranties
Broome Thompson LLC makes reasonable efforts to ensure that all information contained on the Site is accurate and up to date.  Nevertheless, your use and browsing of this Site is exclusively at your own risk and this Site is provided to you “as-is”.

BROOME THOMPSON LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THIS SITE AND THE MATERIALS CONTAINED HEREIN.  BROOME THOMPSON LLC EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THIS SITE.

BROOME THOMPSON LLC ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM THE SITE.

UNDER NO CIRCUMSTANCES SHALL BROOME THOMPSON LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THIS AGREEMENT EVEN IF BROOME THOMPSON LLC  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BROOME THOMPSON LLC’S SOLE LIABILITY HEREUNDER SHALL NEVER EXCEED $500.00.

Broome Thompson LLC is not responsible for any content posted by our partners or by users. We do not warrant the accuracy of this or any other content in any respect and we cannot be held liable for any use you may make of it or any reliance you may place on it.  Any recommendation or other information on any area of the Site is used by you at your own risk.

Any link on the Site is provided solely for your information and convenience.  A link does not represent any endorsement or recommendation by Broome Thompson LLC and does not mean that we have any association with the linked web site.  We are not responsible for the content of any linked web site.

Broome Thompson LLC will not be liable to you or any third party for any claim to the extent that the same is characterized as a claim for, or arising from, loss of profits or anticipated savings, loss of goodwill or injury to reputation, loss of business opportunity, loss of data, loss as suffered by third parties, indirect, consequential or special loss or damage regardless of the form of action, whether in contract, strict liability or tort (including negligence) and regardless of whether Broome Thompson LLC  knew or had reason to know of the possibility of the loss, injury or damage in question.

Broome Thompson LLC is not liable for any failure to perform any obligation caused by matters beyond our reasonable control (including without limitation any failure of transmission, inability to access the Site or any failure, error or delay in the sending or receiving of any communication).

Broome Thompson LLC  is not liable for any loss, damage or other liability whatsoever arising from any content, activity, terms or policies on or in connection with the Site or from any separate agreement which you may enter into with another user.

Broome Thompson LLC excludes all warranties, conditions and terms, whether express or implied to the fullest extent permitted by law in respect of the Site.

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you, your employees or agents from any use of the Site or from any of your content.

Non-proprietary Treatment of Information You Provide
Any communication you make with Broome Thompson LLC via this Site will be treated as non-proprietary.  Broome Thompson LLC is free to use any idea, concept, or invention created by you and transmitted to it via this Site notwithstanding any limiting language you may use when transmitting such information.  If you do not want Broome Thompson LLC to use your idea unless it pays you a fee, or agrees to other terms, do not transmit it to Broome Thompson LLC via this Site.

Privacy
Broome Thompson LLC takes your privacy seriously.  Your use of the Site constitutes the acceptance of Broome Thompson LLC’s Privacy Policy, which is incorporated by reference into these Terms and Conditions of Use.  Please read our privacy policy, which explains how we handle personal data that You send to this Site, if any.  Note that any third party Web sites linked to this Site have their own privacy policies, which may or may not differ from our privacy policy.  You are responsible for reviewing the privacy policies of these sites to determine if these privacy policies are acceptable to you.

Broome Thompson LLC reserves the right to change its privacy policy without prior notice.  You are responsible for periodically reviewing our privacy policy.  Your continued use of the Site will be deemed an acceptance of the privacy policy then in effect.

Links to Third Party Sites
This Site may contain links to other Web sites or frame information from other Web sites that are not under the control of Broome Thompson LLC.  Broome Thompson LLC is providing these links and/or frames to you only as a convenience.

BROOME THOMPSON LLC  MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES.  YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION.  IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED TO THE BROOME THOMPSON LLC SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS AND CONDITIONS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION.

No permission is hereby granted to you to link from any other Web site to any portion of this Site, or to frame any content contained on this Site without Broome Thompson LLC’s prior written permission.

Intended Audience; Local Laws; Dispute Resolution
This Site and the services described on this Site are intended for adult individuals only.  Broome Thompson LLC does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18.  We encourage and support the efforts of parents and legal guardians of children to monitor their children’s internet usage and to caution them against providing personally identifiable information to any Web site over the Internet without permission.

The Site (excluding any linked Web site) is controlled by Broome Thompson LLC from its offices within the State of New York, United States.  This Site can be accessed from all states in the United States, as well as from other countries around the world.  Each of these places has laws that may differ from those of the State of New York.  By accessing this Site, you agree that all matters relating to access to, or use of, this Site or any other linked Web site, shall be governed by the applicable laws of the State of New York and the laws of the United States of America, without regard to the conflicts of laws principles thereof.  You also agree, and by using this Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New York relating to any dispute arising out of your use of the Site.

Your use of this Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use this Site in any such circumstances.  You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of New York, United States.

Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous
Broome Thompson LLC reserves the right to modify and add to the Terms and Conditions at any time without prior notice by posting the new terms and conditions on the Site.  You should periodically review these Terms and Conditions for updates.  Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new terms and conditions as indicated above.

If Broome Thompson LLC, in its sole discretion, determines that a violation of the Terms and Conditions has occurred, Broome Thompson LLC may pursue any of its legal remedies.  However, the failure of Broome Thompson LLC to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms and Conditions contain the entire agreement between us relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject.

The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Broome Thompson LLC is committed to providing the best possible experience for users of our Site.  If you observe material or behavior that may violate one of the Broome Thompson LLC Terms and Conditions, including without limitation material that you believe may be infringing another’s rights, please contact us at Broome Thompson LLC, 101 West 55th Street, New York, New York 10019, attn: Legal Department.  Legal@mskyline.com

Last updated October 18, 2010

This document explains the online privacy practices and policy of Broome Thompson LLC for its website at http://www.55thompson.com.  In general, you remain anonymous when visiting the website.  Broome Thompson LLC will collect personal data from visitors to the website, if provided, but does not convey any personal data to third parties except as specifically set forth herein.  

If you contact Broome Thompson LLC by e-mail (through a hyperlink on a webpage, or otherwise), if provided, we may have your name, e-mail address, and any information in your message.  We will use this information only to reply to your message and for marketing purposes.

Broome Thompson LLC endeavors to provide a secure website, but cannot guarantee the confidentiality of electronic communication.  Transmissions to and from the website are not encrypted, nor are e-mail messages.  Accordingly, you should carefully consider whether to submit sensitive information that you would not want made public, and should recognize that your use of the website is solely at your own risk.

This website may contain links to other websites.  Broome Thompson LLC is not responsible for their privacy practices or content.  Broome Thompson LLC may change the features and content of the website.  This policy may change accordingly.  If our practice of not collecting personal data changes, we will give you the option to have the data used solely for the purpose for which you provided it.  You should periodically revisit this webpage to familiarize yourself with our current policy.  By visiting this website, you agree to be bound by the then-current policy.

Nothing in this policy is intended to interfere with the ability of Broome Thompson LLC to transfer all or part of its business or assets (including this Site and any personal data collected under an applicable revised policy) to an affiliate or independent third party, at any time, for any reason.

If you believe that Broome Thompson LLC has acted inconsistently with this policy, please notify us at the address below.  We will respond to your concerns, and take remedial action, if appropriate.

If you have questions or comments about this policy or the practices of the website, you may contact Webmaster, Broome Thompson LLC, 101 West 55th Street, New York, New York 10019, Attn: Legal Department or Legal@mskyline.com.

Broome Thompson LLC Privacy Policy
Broome Thompson LLC has created this privacy statement in order to demonstrate our firm commitment to privacy.  The following discloses the information-gathering and dissemination practices for our web site at www.55thompson.com.

IP Address 
We use your Internet protocol (IP) address to help diagnose problems with our server, as well as to administer our Web site.  Your IP address may be tracked through third party search engines and may used to gather broad demographic information used for general marketing purposes.  Your IP address is used to help identify you and we may use your IP address to help protect ourselves and our partners from fraud, illegal or improper behavior.  For system administration and marketing purposes, we log IP server addresses and catalog traffic patterns through the Site.  However, we do not link this information to users’ personal information.

Collection and Use of Personal and Demographic Information
We collect personal information when users opt to fill out an e-mail submission form in order to request information or contact someone at Broome Thompson LLC.  The e-mail submission form requires users to provide us with contact information (such as their name and e-mail address), and in some cases ask for other optional information (such as phone number and contact preferences).  We use the contact information from these forms to send the user information about our company, for marketing purposes as well as to contact the user when necessary.  Users may opt-out of receiving future mailings; see the section entitled “Opt-Out” below.

We may also collect demographic and profile data at our site.  This data will primarily be used to provide users with requested information.  It may also be used to compile usage statistics and other data regarding the use of the Site information.  We will not share your personally identifiable information with third parties, outside of the limited circumstances referenced in the paragraph immediately below.  We may, however, share with partners aggregated statistical data that includes users’ demographic information but does not identify them.  We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.

We share customer information with the subsidiaries and related entities of Broome Thompson LLC and also as described below:

Agents: We employ other companies and individuals to perform functions on our behalf.  Examples include creating and maintaining our Web sites, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, marketing outreach and customer service.  They have access to personal information needed to perform their functions, but may not use it for other purposes.

Business Transfers: As we continue to develop our business, we might sell or buy assets.  In such transactions, customer information generally is one of the transferred business assets.  In the unlikely event that Broome Thompson LLC, or substantially all of its assets, or a subsidiary Broome Thompson LLC controls, or substantially all of its assets, are acquired, customer information will be one of the transferred assets.

Protection of Broome Thompson LLC and Others: We release account and other personal information when we believe release is necessary to (i) comply with applicable laws, (ii) enforce or apply our Terms and Conditions and other agreements or (iii) protect the rights, property, or safety of Broome Thompson LLC, our users, or others.  This includes exchanging information with other companies and organizations for fraud protection.

Links
This site contains links to other sites.  Please note that when you click on one of these links, you are ‘clicking’ to another Web site.  We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.  We are not responsible for the privacy practices or the content of such linked Web sites.

Amendments
Broome Thompson LLC may amend this policy from time to time.  If we make any substantial changes in the way we use your personal information we will notify You by posting a prominent announcement on this page.

Opt-Out
In order to opt-out of future e-mails on a given topic, users should reply to the e-mail with UNSUBSCRIBE in the subject line.  This will halt future communications for that specific function.  To re-subscribe, the user must simply go to the site and resubmit the request form.

Contacting the Web site
If you have any questions about this privacy statement, the practices of any of our Web sites or the information you have submitted to our web sites, you can contact us at legal@mskyline.com or (212) 408-9434.

 


 
TEL: 212.925.5550