Terms & Conditions

Terms of UseEffective Date: [01.01.2025]

Welcome to The Bostonian website and related interactive features, products, services, applications, or downloads (collectively, the "Websites") that are owned by The Bostonian, including our affiliates and subsidiaries ("Company," "we," "us"). BY USING OUR WEBSITES, YOU ACCEPT THE PRACTICES DESCRIBED IN THESE TERMS OF USE ("TERMS") AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THESE WEBSITES.WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. Your continued use of our Websites or any affiliated Websites following the posting of changes to these Terms will mean you accept those changes.EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE AGREEMENT TO ARBITRATE SECTION BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.Agreement to ArbitrateThe parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts. Accordingly, the parties agree that, except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to these Terms, or any aspect of the relationship between us, will be resolved by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York, State of New York. For more information about arbitration, the AAA, and the arbitration process, please visit www.adr.org.By agreeing to these Terms, you and we are each waiving the right to a trial by jury, except as otherwise stated above.The arbitration will take place in the County of New York, State of New York, unless you and we agree otherwise. For claims of $14,000 or less, you may choose to have arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person, by phone, or via online video conference.The arbitrator may not consolidate multiple claims and may not preside over a class proceeding.

Waiver of Class Actions

YOU AND THE BOSTONIAN AGREE THAT EACH PARTY MAY BRING DISPUTES ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Service EligibilityYou may only use our services for personal, non-commercial use unless otherwise agreed.We may restrict access to services if misuse is suspected.You are responsible for complying with all applicable laws regarding use of our services.If content is published in error, we reserve the right to correct or remove it.Products and ServicesAll subscription prices are displayed and charged in US dollars ($USD).Taxes, where applicable, are additional and calculated at checkout.Discounts and promotions may not apply to previous purchases.We reserve the right to modify or discontinue any service, feature, or promotion.Newsletter and Subscription ServicesNewsletter subscriptions are provided for informational purposes only.They do not constitute professional advice or recommendations.Subscriptions cannot be transferred or exchanged for monetary value.We reserve the right to modify, suspend, or terminate subscription services at any time.If your account is terminated, any subscription benefits will be forfeited.Events and Community ProgramsAny events hosted or promoted by The Bostonian are subject to additional terms & conditions that will be available at the time of registration.Electronic Communications and NoticesBy using our Websites or subscribing to our services, you consent to receive all notices, updates, and communications electronically.Content Access and DeliveryContent access is subject to technical availability and functionality.Risk of service interruption may occur due to technical issues beyond our control.Refunds are generally not provided for subscription services unless explicitly stated.Payments and ChargesYou must provide valid payment information for paid services.Payment obligations are non-cancelable, and fees are non-refundable unless otherwise specified.If payment disputes arise, notify us within 10 business days.Promotional Codes and ContestsPromo codes are non-transferable and have no cash value.We may modify, cancel, or withdraw promotions at any time.Contest participation may be subject to additional rules.Intellectual PropertyThe Bostonian and its licensors retain all trademark, copyright, and proprietary rights.You may not reproduce, distribute, or modify our content without permission.User Content remains your property, but you grant us a non-exclusive license to use it for publication and promotion purposes.Digital Millennium Copyright Act (DMCA) NoticeIf you believe your copyrighted material is infringed on The Bostonian's Websites, send a notice to copyright@thebostonian.org with:A description of the copyrighted work. The exact URL of the infringing material.

Advertising Rights

The Bostonian reserves the right to sell and display advertisements on the Websites.Accuracy of InformationWe attempt to ensure accuracy but do not guarantee completeness, reliability, or availability of content.Information is provided for general informational purposes and should not be considered professional advice.Third-Party LinksThe Bostonian is not responsible for external websites linked to from our Websites.Prohibited UsesYou may not:Post unlawful, defamatory, or obscene material.Disrupt Website operations or security. Violate privacy, intellectual property, or other legal rights. Use automated systems to scrape or harvest content. Impersonate others or misrepresent your identity.Violating these rules may result in account termination.Account SecurityYou are responsible for maintaining the confidentiality of your login credentials.Notify us immediately of any unauthorized account access.Force MajeureWe are not responsible for delays caused by events beyond our control, including natural disasters, wars, or government actions.Limitations of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BOSTONIAN DISCLAIMS ALL WARRANTIES AND LIABILITY FOR DAMAGES ARISING FROM WEBSITE USE.No guarantees are made regarding Website performance or uninterrupted access.Our liability is limited to $25 or the amount paid in the past 6 months, whichever is greater.IndemnificationYou agree to defend, indemnify, and hold harmless The Bostonian from any claims arising from:Your use of the Websites. Your violation of these Terms.
Any unauthorized access or misuse of your account.Governing Law and Dispute ResolutionThese Terms are governed by the laws of the State of New York.Any legal disputes will be handled in New York courts.TerminationWe may suspend or terminate your account at any time for any reason, including violation of these Terms.Contact InformationFor questions about these Terms, contact us at legal@thebostonian.org.All rights reserved.