Terms of Use

The following terms of use (these “Terms”) are entered into between you and Fifth Avenue Committee (“لجنة التجمع الخامس, “we”, “us” or “ملكنا”). These Terms govern your access to and use of our website, fifthave.org (the “Site”).  Your use of the Site constitutes your agreement to these Terms.  Please read these Terms carefully, as they contain an agreement to arbitrate and a class action waiver. 

Electronic Communications 

You consent to receive electronic communications and agree that all agreements, notices, and other communications that we provide to you electronically, such as via email or on the Site, satisfy any legal requirement that such communication be in writing. 

Intellectual Property 

The Site and all content included therein, including text, images, logos, as well as the compilation thereof, and any software used on the Site, is the property of Fifth Avenue Committee or our licensors and is protected by laws that protect trademark, copyright and other intellectual property and proprietary rights. 

We hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and the content included therein solely for your personal and non-commercial use in accordance with these Terms.  You acknowledge that you do not acquire any ownership rights in the Site or any content included therein.  We do not grant to you any licenses, express or implied, to the intellectual property of Fifth Avenue Committee or our licensors except as expressly stated in these Terms. 

Prohibited Uses 

As a condition of your use of the Site, you agree not to: 

  • use the Site for any purpose that is unlawful, fraudulent, or prohibited by these Terms; 
  • impersonate, attempt to impersonate or misrepresent your affiliation with another person or entity; 
  • use the Site in any manner that could damage, disrupt, disable, overburden, or impair the Site or interfere with another party’s ability to use and enjoy the Site; 
  • interfere or attempt to interfere with the proper working of the Site or any of the Site’s security features; 
  • introduce or attempt to introduce any malicious or technologically harmful material, including malware, viruses, Trojan horses or other known contaminants; 
  • access or attempt to access any materials or information through any means not intentionally made available or provided to you through the Site; 
  • monitor or copy any of the content on the Site without authorization, including through any automated or manual process; 
  • reproduce, prepare derivative works of, modify, distribute, publicly perform, publicly display, license, sell, offer for sale or otherwise commercially exploit any content found on the Site; 
  • reverse engineer, decompile, or disassemble the Site or any content found therein; 
  • delete, alter, or obscure any copyright or other proprietary rights or attribution notices in any content found on the Site. 

Termination 

If you violate these Terms, your permission to use the Site and the license granted above terminate automatically.  In addition, Fifth Avenue Committee reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to the Site or any portion thereof at any time, with or without notice. 

International Users 

The Site is controlled, operated, and administered by Fifth Avenue Committee from our offices within the United States of America.  If you access the Site from anywhere outside the United States, you are responsible for compliance with all local laws, rules, and regulations.  You agree that you will not access or use the Site or any content included therein in any manner prohibited by any applicable laws, rules, or regulations. 

Links to Third-Party Sites and Services 

The Site may contain links to other websites.  These sites are not under the control of Fifth Avenue Committee and we are not responsible for the contents or practices, including data processing and privacy practices, of any of these sites.  Fifth Avenue Committee provides these links to you only as a convenience, and their inclusion does not imply endorsement by Fifth Avenue Committee or any association with their operators.  If you choose to visit a linked site, you do so entirely at your own risk and subject to the terms and privacy policies of the linked site. 

Agreement to Arbitrate 

You hereby agree to resolve any and all disputes arising out of or relating to these Terms, including regarding your access to, use of, or inability to use the Site or any content on the Site, through binding arbitration.  We reserve the right to obtain temporary restraining orders, preliminary or temporary injunctive relief, and/or declaratory relief from a court of competent jurisdiction.  BOTH PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY. 

Arbitration proceedings will be heard by one independent arbitrator.  Arbitration will be conducted by videoconference or teleconference unless, following a request by either party, the arbitrator decides that an in-person hearing is appropriate.  Any such in-person hearings shall take place in Brooklyn, New York. 

Class Action Waiver 

YOU HEREBY AGREE THAT YOU WILL ONLY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND WILL NOT FILE OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AGAINST US. 

Venue and Governing Law 

These Terms are governed by and shall be interpreted in accordance with the laws of the state of New York.  You hereby consent to exclusive jurisdiction and venue of the state and federal courts located in Brooklyn, New York for all disputes arising out of or relating to these Terms that are not covered by the agreement to arbitrate above and waive any and all objections to the exercise of jurisdiction over you by and venue in such courts. 

Disclaimer of Warranties and Limitation of Liability 

THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIFTH AVENUE COMMITTEE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ABOUT THE SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, COMPLETENESS, OR ACCURACY OF THE SITE AND ITS CONTENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIFTH AVENUE COMMITTEE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THESE TERMS, (B) YOUR USE OR THE PERFORMANCE OF THE SITE OR ANY LINKED SITE, (C) ANY DELAY OR INABILITY TO USE THE SITE OR ANY LINKED SITE OR (D) ANY CONTENT ON THE SITE OR ANY LINKED SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIFTH AVENUE COMMITTEE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.  

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Indemnification 

You agree to indemnify, defend, and hold harmless Fifth Avenue Committee, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, losses, damages, costs, liabilities, and expenses, including reasonable attorney’s fees, relating to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any rights of a third party, or (d) your violation of any applicable laws, rules, or regulations.  Fifth Avenue Committee reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree you will fully cooperate with Fifth Avenue Committee in asserting any available defenses. 

Severability 

If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. 

Waiver 

Our failure or delay in exercising any right or remedy described in these Terms shall not operate as a waiver thereof. 

Entire Agreement 

These Terms, together with our Privacy Policy, available at https://fifthave.org/privacy-policy/, constitute the entire agreement between you and Fifth Avenue Committee with respect to the Site and supersede all prior or contemporaneous communication and proposals, whether electronic, oral, or written, between you and Fifth Avenue Committee with respect to the Site.  A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Changes to these Terms 

We reserve the right, in our sole discretion, to change these Terms and will update the “Last updated” date at the bottom of these Terms upon doing so.  The most current version of these Terms will supersede all previous versions.  We encourage you to periodically review these Terms to stay informed of any updates.  We will notify you in the event of any material changes.  Any changes will be effective immediately. 

اتصل بنا 

Please contact us at DeputyDirectorEAS@fifthave.org if you have any questions regarding these Terms. 

Last updated October 30, 2025