Policy & Terms

PRIVACY POLICY – Last Updated – December 9, 2009


YOUR PRIVACY IS IMPORTANT TO US AT THE PLAZA. OUR ONLINE PRIVACY POLICY (PRIVACY POLICY) DESCRIBES THE TYPES OF INFORMATION WE GATHER FROM THOSE PERSONS VISITING THE INTERNET WEBSITE WWW.THEPLAZARESIDENCES.COM (THE SITE) AND HOW WE USE THAT INFORMATION. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS SITE. EACH TIME YOU USE THE SITE, THE CURRENT VERSION OF THE PRIVACY POLICY WILL APPLY. ACCORDINGLY, WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THIS POLICY (WHICH APPEARS AT THE TOP) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.

1. PERSONALLY IDENTIFIABLE INFORMATION COLLECTION AND USE

PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, POSTAL ADDRESS, PHONE NUMBER, EMAIL ADDRESS) IS COLLECTED ONLINE ONLY FROM VOLUNTARY SUBMISSIONS BY VISITORS TO THE SITE WHEN VISITORS WOULD LIKE TO RECEIVE MORE INFORMATION ABOUT THE PLAZA PRIVATE RESIDENCES OR THE PLAZA PIED-A-TERRE. OUR VISITORS PERSONALLY IDENTIFIABLE INFORMATION IS USED FOR THE PURPOSE OF CONTACTING VISITORS TO PROVIDE MORE SPECIFIC DETAILS ABOUT THE RESIDENCES.

2. SHARING PERSONALLY IDENTIFIABLE INFORMATION COLLECTED ONLINE WITH THIRD PARTIES

THE PLAZA SHARES PERSONALLY IDENTIFIABLE INFORMATION VOLUNTARILY PROVIDED BY VISITORS WITH:(I) ITS SALES/MARKETING TEAM AND (II) ITS WEB DEVELOPER FOR THE PURPOSE OF CONTACTING VISITORS TO PROVIDE MORE SPECIFIC DETAILS ABOUT THE RESIDENCES.

3. ABILITY TO UNSUBSCRIBE FROM EMAIL COMMUNICATION

YOU MAY CHOOSE NOT TO RECEIVE EMAILS FROM THE PLAZA BY FOLLOWING THE UNSUBSCRIBE INSTRUCTIONS IN THE SPECIFIC EMAIL OR SENDING AN EMAIL TO RANJANFX@YAHOO.COM

3. LEGAL DISCLAIMER

IN THE FOLLOWING CIRCUMSTANCES, THE PLAZA MAY SHARE OR TRANSFER PERSONALLY IDENTIFIABLE INFORMATION TO UNRELATED THIRD PARTIES: (I) TO COMPLY WITH A LEGAL REQUIREMENT, JUDICIAL PROCEEDING, COURT ORDER, OR LEGAL PROCESS SERVED ON THE PLAZA, (II) TO INVESTIGATE A POSSIBLE CRIME, SUCH AS FRAUD OR IDENTITY THEFT; (III) IN CONNECTION WITH THE SALE, PURCHASE, MERGER, REORGANIZATION, LIQUIDATION OR DISSOLUTION OF THE PLAZA; OR (IV) WHEN WE BELIEVE IT IS APPROPRIATE TO DO SO TO PROTECT THE RIGHTS, PROPERTY, OR SAFETY OF THE PLAZA OR OTHER PERSONS OR ENTITIES.

4. COLLECTION OF INFORMATION BY THIRD PARTIES

THIS SITE MAY CONTAIN LINKS TO WEBSITES OR LINKS OPERATED BY THIRD PARTIES. THOSE WEBSITES MAY HAVE THEIR OWN PRIVACY POLICY OR NO POLICY AT ALL. THE PLAZA DOES NOT HAVE ANY RESPONSIBILITY FOR THOSE WEBSITES AND THE INFORMATION PRACTICES OF THOSE WEBSITES ARE NOT COVERED BY THIS PRIVACY POLICY. IN ADDITION, A LINK TO A THIRD PARTY WEBSITE DOES NOT MEAN THAT THE PLAZA ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF SUCH WEBSITE. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

5. COOKIES

COOKIES ARE PIECES OF INFORMATION WHICH WEBSITES TRANSFER TO YOUR COMPUTER’S WEB BROWSER FOR STORAGE ON YOUR COMPUTER’S HARD DRIVE. THE PLAZA USES COOKIES TO MEASURE ACTIVITY ON OUR SITE, WHICH ALLOWS US TO IMPROVE NAVIGATION THROUGHOUT OUR SITE. IN ADDITION, COOKIES ON THE SITE MAY CONTAIN INFORMATION (SUCH AS AN UNIQUE USER ID), WHICH TRACKS THE PAGES OF THE SITE YOU HAVE VISITED. THIS INFORMATION ALLOWS US TO MAKE UPDATES TO ENHANCE YOUR EXPERIENCE. PARTS OF THE SITE WILL NOT FUNCTION IF YOU DO NOT HAVE COOKIES ENABLED. YOU CAN SET YOUR BROWSER TO REFUSE COOKIES, OR TO ALERT YOU WHEN COOKIES ARE BEING SENT. IF YOU TURN OFF COOKIES OR REFUSE THEM, THOUGH, YOU WILL NOT BE ABLE TO USE EVERY PORTION OF OUR SITE. PLEASE NOTE THAT THE PLAZA ONLY COLLECTS AGGREGATE INFORMATION THROUGH COOKIES AND DOES NOT COLLECT ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH COOKIES.

6. DISCLAIMER OF WARRANTIES

THE SECURITY OF YOUR PERSONAL INFORMATION IS IMPORTANT TO US AND THE PLAZA IS COMMITTED TO HANDLING YOUR CUSTOMER INFORMATION CAREFULLY. UNFORTUNATELY, NO DATA TRANSMISSION OVER THE INTERNET, OR METHOD OF ELECTRONIC STORAGE, CAN BE GUARANTEED TO BE 100% SECURE. AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONALLY IDENTIFIABLE INFORMATION, WE CANNOT GUARANTEE ITS ABSOLUTE SECURITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE PLAZA OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE SITE, EVEN IF THE PLAZA OR AN AUTHORIZED REPRESENTATIVE OF THE PLAZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE PLAZA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. BUSINESS TRANSFERS

IN THE EVENT THAT THE PLAZA SELLS SUBSTANTIALLY ALL OF ITS ASSETS, OR ONE OF THE PLAZA’S BUSINESS UNITS ARE ACQUIRED, PERSONALLY IDENTIFIABLE INFORMATION OF VISITORS TO THE SITE AND AGGREGATE INFORMATION WILL LIKELY BE ONE OF THE TRANSFERRED ASSETS.

8. CHANGES TO THIS POLICY

THE PLAZA RESERVES THE RIGHT TO UPDATE OR MODIFY THIS POLICY, AT ANY TIME AND WITHOUT PRIOR NOTICE, BY POSTING THE REVISED VERSION OF THIS POLICY ON OUR SITE.

9. REVIEWING YOUR INFORMATION

YOU CAN ASK US BY MAIL FOR A SUMMARY OF ANY PERSONAL IDENTIFIABLE INFORMATION THAT THE PLAZA HAS RETAINED ABOUT YOU FROM THIS SITE. PLEASE SEND YOUR REQUEST TO: SALES@PLAZARESIDENCES.COM. WE WILL SEND SUCH INFORMATION FOR REVIEW ONLY TO THE E-MAIL ADDRESS OR POSTAL MAIL ADDRESS THAT WE HAVE ON FILE FOR THE VISITOR NAME THAT IS ASSOCIATED IN OUR DATABASE FOR SUCH INFORMATION. IF AT ANY TIME YOU WISH TO CHANGE, CORRECT OR UPDATE YOUR PERSONALLY IDENTIFIABLE INFORMATION, PLEASE SEND YOUR REQUEST TO: SALES@PLAZARESIDENCES.COM. PLEASE BE SURE TO INCLUDE YOUR E-MAIL ADDRESS, FULL NAME AND POSTAL ADDRESS.

10. CHILDREN

THE PLAZA IS SENSITIVE TO PARENTS’ CONCERNS ABOUT THE COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN. OUR SITE IS NOT DIRECTED TO CHILDREN UNDER THE AGE OF 13, AND WE WILL NEVER REQUEST PERSONALLY IDENTIFIABLE INFORMATION FROM ANYONE WHOM WE KNOW TO BE UNDER THE AGE OF 13 WITHOUT VERIFIABLE PARENTAL CONSENT. IF WE BECOME AWARE THAT A VISITOR TO OUR SITE IS UNDER THE AGE OF 13 AND HAS REGISTERED WITHOUT PRIOR VERIFIABLE PARENTAL CONSENT, WE WILL REMOVE HIS OR HER PERSONALLY IDENTIFIABLE REGISTRATION INFORMATION FROM OUR FILES.

11. CONTACT INFORMATION

IF YOU HAVE ANY QUESTIONS, COMMENTS OR CONCERNS REGARDING THE PLAZA’S PRIVACY POLICY AND/OR PRACTICES, PLEASE SEND BY MAIL TO CUSTOMER CARE, EL-AD PROPERTIES NY, LLC, 575 MADISON AVENUE, FLOOR 23, NEW YORK, NY 10022.

TERMS OF USE



ACCESS TO AND USE OF THE PLAZA WEBSITE, WWW.THEPLAZA.COM (THE SITE) IS GOVERNED BY THE TERMS OF USE (TERMS OF USE) SET FORTH BELOW, AS WELL AS ANY APPLICABLE LAWS, STATUTES, ORDINANCES AND REGULATIONS. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THIS SITE. EACH TIME YOU USE THE SITE, THE CURRENT VERSION OF THE TERMS OF USE WILL APPLY. ACCORDINGLY, WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THE TERMS OF USE (WHICH APPEARS AT THE TOP) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.

1. INTELLECTUAL PROPERTY RIGHTS

THE MATERIALS LOCATED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE TEXT, GRAPHICS, AND ALL OTHER AUDIBLE, VISUAL, AND DOWNLOADABLE MATERIALS, AS WELL AS THE SELECTION, ORGANIZATION, COORDINATION, COMPILATION, AND OVERALL LOOK AND FEEL OF THE SITE (COLLECTIVELY, THE CONTENT) ARE THE PROPERTY OF THE PLAZA OR ITS LICENSORS OR DESIGNEES AND ARE PROTECTED BY COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY LAWS. ALL RIGHT, TITLE AND INTEREST IN AND TO THE CONTENT ARE OWNED, LICENSED AND/OR CONTROLLED BY THE PLAZA. YOU MAY DOWNLOAD ONE COMPUTER COPY OR PRINT ONE COPY OF THE CONTENT ON THIS SITE FOR YOUR OWN NON-COMMERCIAL, EDUCATIONAL, PRIVATE OR DOMESTIC USE ONLY, PROVIDED YOU DO NOT DELETE OR CHANGE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICES. ANY OTHER COPYING, REDISTRIBUTION, RETRANSMISSION, PUBLICATION, UPLOADING OR MODIFICATION OF ANY OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE EXPRESS WRITTEN CONSENT OF THE PLAZA.

2. PRIVACY STATEMENT

THE PLAZA IS COMMITTED TO PROTECTING THE PRIVACY OF THE USERS OF ITS SITE. FOR INFORMATION ON HOW INFORMATION IS COLLECTED, USED OR DISCLOSED BY THE PLAZA IN CONNECTION WITH YOUR USE OF THIS SITE, PLEASE CONSULT OUR PRIVACY POLICY.

3. LINKS TO OTHER WEBSITES

THIS SITE MAY CONTAIN LINKS TO WEBSITES OPERATED BY OTHER PEOPLE OR COMPANIES. PLEASE BE AWARE THAT THE PLAZA IS NOT RESPONSIBLE FOR THE CONTENT, FUNCTIONALITY OR PRIVACY PRACTICES OF THOSE WEBSITES.

4. SUBMISSIONS

THE PLAZA DOES NOT WANT TO RECEIVE CONFIDENTIAL OR PROPRIETARY INFORMATION FROM YOU THROUGH OUR SITE. ANY COMMUNICATION OR MATERIAL YOU TRANSMIT TO THE SITE BY ELECTRONIC MAIL OR OTHERWISE, EXCLUDING PERSONALLY IDENTIFIABLE INFORMATION ABOUT YOURSELF, INCLUDING, BUT NOT LIMITED TO ANY QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY BY THE PLAZA. BY TRANSMITTING SUCH COMMUNICATIONS, YOU AUTOMATICALLY GRANT THE PLAZA A ROYALTY-FREE, PERPETUAL, IRREVOCABLE NON-EXCLUSIVE LICENSE TO USE REPRODUCE, MODIFY, PUBLISH, EDIT, TRANSLATE, DISTRIBUTE, PERFORM, AND DISPLAY SUCH MATERIAL(S) ALONE, OR AS A PART OF OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY WHETHER NOW KNOWN OR HEREAFTER DEVELOPED AND TO SUBLICENSE SUCH RIGHTS TO ANYONE. ANYTHING YOU TRANSMIT MAY BE USED BY THE PLAZA FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO REPRODUCTION, DISCLOSURE, TRANSMISSION, PUBLICATION, BROADCAST AND POSTING, OR DEVELOPING, MANUFACTURING AND MARKETING PRODUCTS OR SERVICES USING SUCH INFORMATION.

5. DISCLAIMER OF WARRANTIES

IF YOU ACCESS THIS SITE OR ANY MATERIAL AVAILABLE THROUGH THIS SITE, YOU DO SO AT YOUR OWN RISK. THE SITE IS PROVIDED AS IS.”THE PLAZA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE. THE PLAZA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PLAZA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR COMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY THE PLAZA. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THE PLAZA’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF THE PLAZA’S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE PLAZA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL THE PLAZA OR ITS AFFILIATES OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE).

THE PLAZA RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.

THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE PLAZA OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE PLAZA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

7. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PLAZA, ITS RESPECTIVE SUCCESSORS, ASSIGNS, AFFILIATES, DISTRIBUTORS, LICENSEES AND THEIR PAST AND PRESENT OFFICERS, DIRECTORS AND EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ANY SUIT, CLAIM, LIABILITY, OR PROCEEDING IN CONNECTION WITH ANY THIRD PARTY CLAIM DUE TO OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF USE.

8. SEVERABILITY AND INTEGRATION

THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE PLAZA REGARDING THE USE OF THIS SITE, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS BETWEEN YOU AND THE PLAZA. IF ANY PROVISION OF THESE TERMS OF USE SHALL BE DEEMED UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS OF USE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

9. TERMINATION

YOU ACKNOWLEDGE AND AGREE THAT THE PLAZA, IN ITS SOLE AND ABSOLUTE DISCRETION, MAY, WITHOUT NOTICE TO YOU, SUSPEND OR TERMINATE YOUR USE OF, OR ACCESS TO ALL OR PART OF THIS SITE, AND REMOVE AND DISCARD ANY INFORMATION OR CONTENT OR ANY OF THE SITE, FOR ANY REASON. YOU FURTHER AGREE THAT THE PLAZA SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON AS A RESULT OF ANY SUCH SUSPENSION OR TERMINATION.

10. GOVERNING LAW AND FORUM

THESE TERMS OF USE ALONG WITH THE PLAZA’S PRIVACY POLICY SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, EXCLUDING ITS CONFLICT OF LAW RULES. YOU EXPRESSLY CONSENT AND AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK. THE PARTIES HEREBY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY. ANY CAUSE OF ACTION BY YOU WITH RESPECT TO THE SITE, THE TERMS OF USE, THE PRIVACY POLICY, OR ANY CONTENT OR RELATED SERVICES MUST BE INSTITUTED WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION AROSE OR SHALL BE FOREVER WAIVED AND BARRED.