TERMS AND CONDITIONS OF
Acceptance of Terms
This is a lengthy document, and it contains important provisions that affect your legal rights and obligations. Please read this Agreement very carefully before you agree to it. By ticking the appropriate box at the end of this Agreement next to the words “I Agree,” this Agreement becomes a binding legal agreement between You and the Company. We encourage you to print a copy of this Agreement for your records.
The Website belongs to the Company. The Company may revise and update this Agreement from time to time without notice to You. If You continue to use this Website after these updates, this will constitute your acceptance of any changes. Therefore, we recommend that You check this document for updates periodically.
In exchange for the mutual agreements contained in this Agreement between You and the Company, and intending that this Agreement will be legally enforceable against both You and the Company, You and the Company agree as follows:
Use of Website Content
All right, title, and interest in and to the products, software, and services appearing on this Website, including the Website itself and all intellectual property rights which subsist on the Website (except for subscribers’ user-generated content), are and will remain the exclusive property of the Company and its licensors. You may download, view, or print any content from this Website, so long as it is solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. It is your sole and exclusive responsibility to download, view or print any and all content You have created or entered onto the Website. Notwithstanding the foregoing, You may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use any content appearing on this Website (except for subscribers’ user-generated content); and You may not copy or modify the HTML and/or any other code used to generate web pages, graphics, and/or content on this Website. You agree not to interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You agree that You will not transmit any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. If you are posting a listing, you must also comply with our Posting limitations. You also agree that You will not transmit any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of “spam.” You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Website for any other illegal or unauthorized activity, including but not limited to downloading or copying of accounting information for merchants, or use of data mining, robots, or similar data gathering and extraction tools. In order to access some features of the Website, You will need to register on the Website, creating an account. You agree not to use another’s account without permission. When creating your account, You agree to provide accurate and complete information. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.
Posting and Adding Content
If you are adding content to our Website, you must be aware that it is illegal in NY State to discriminate in the sale, rental or leasing of housing because of a person’s race, gender, color, creed, national origin, sexual orientation, familiar status, religion or marital status. In NY City and other municipalities you may also not discriminate against people based on their source of income, including receipt of Section 8 or other public benefits. IT IS ALSO ILLEGAL TO PLACE DISCRIMINATORY HOUSING ADVERTISEMENT. Any violation can be subject to civil penalties of up to $10,000 per violation, INCLUDING REVOCATION OF YOUR REAL ESTATE LICENSE. If you are posting anything discriminatory, you are doing so at your own risk. The Company reserves the right to remove or edit any discriminatory content from the Website and revoke the poster’s use of the Website in the future. The Company shall have no liability whatsoever for any violation posted by users on its website which is discriminatory or otherwise violates any laws, rules or regulations. You agree to indemnify the Company for any cost or damage, including for fines, fees and other damages incurred by it, including reasonable legal fees associated with defending such claim, as a result of a violation of any of NY’s housing anti-discrimination laws. If you notice discriminatory advertisement, please let us know about it at ______________, or you can file a complaint directly with the NYS Office of the Attorney General, the NYS Licensing Department or the NY Division of Human Rights.
Subject to the terms and conditions of this Agreement, the Company grants You a non-exclusive, non-transferable and continuous license, without right of sublicense, to access and make personal use of the Website, including any software utilized by the Website (the “Software”), unless terminated as provided in this Agreement. The term ‘Software’ shall include any corrections, modifications and updates to the Software. All rights, title, and interest in the Website and the Software are vested and shall remain with the Company and its licensors, and the Company and its licensors retain ownership and exclusive rights to all patents, copyrights, trademarks, trade names, trade secrets, source code, mask works, and other proprietary rights relating to or residing in the Website and the Software it utilizes. This license does not constitute a sale of the Website or Software or any portion or copy of same. You are not permitted to use the Software independently of the Website or for any other purpose other than use of the Website. Moreover, you are not permitted to download the Website (other than page caching) or modify it, or any portion of it, except with express written consent of the Company.
You represent and agree that You are: (i) of sufficient age to use our Website and to create binding legal obligations for any liability You may incur as a result of the use of our Website; or (ii) the parent of a child who is completing the subscription process for his or her child. If You are a parent of a child subscriber, then You agree to the terms and conditions of this Agreement and agree that You will ensure that your child complies with this Agreement.
In the event that the Website offers information and links to websites of third parties, the Website is an independent contractor for all purposes and does not ensure that an advertiser will start, handle, and/or complete a transaction. The products or services advertised by third parties are not sold or rendered by the Company. The Company disclaims any responsibility for, or liability related to, such products or services or for the content of such third party websites. Links to any such websites or resources do not imply any endorsement of such websites or resources.
Objectionable Material; Accuracy and Currency of Content; Viruses
By using the Website, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or images. You agree to use the Website at your sole risk and that the Company shall have no liability to You for content that may be found to be offensive, indecent, or objectionable. Content types (including, but not limited to, genres, sub-genres, categories and sub-categories) and descriptions are provided for convenience, and the Company does not guarantee their accuracy. The Website contains user-generated content, and the Company does not screen or review all the content on the Website and does not guarantee the accuracy, truth, completeness, usefulness of any user-generated or third party content. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Website are the sole responsibility of the person from which such content originated. The Company shall have the right, but not any obligation, to delete, correct, complete, modify, move or edit any communication or content on our Website at any time in its sole discretion. The Company shall not be responsible or liable for any software, computer viruses, or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of computer equipment or other property on account of your access to, use of, or browsing on the Website. You shall remain entirely responsible for all communications made or content uploaded to or downloaded from our websites using your e-mail address or access codes. We make no representation that our Website is free of viruses, worms or other malicious or rogue software, and You are advised to take adequate precautions to minimize any loss to You caused by same. You are advised that it is not possible to prevent against every foreseeable intrusion and the protective measures taken by the Company are intended to provide reasonable protection. Accordingly, there is no absolute guarantee that spam, viruses and intrusions will not occur and no warranty is being made in that regard.
Scams. You must exercise caution when dealing with any other user on this website to avoid a possible scam attempt. The Company is not responsible for any damage or loss that You may encounter by any other user, for any reason whatsoever, and You are dealing with such persons at your sole risk. In order to minimize the risk of damage due to a scam, you should follow some very simple common-sense rules: · Deal only with local people whom you can meet in person. A scam is much more difficult to go through in person.
· Do not send money via Western Union, Moneygram etc.
· Exercise caution when accepting cashier checks and money orders. The bank will charge you when the instrument is found to be fake later.
· The Company does not give any buyer protection, handle payment, certify sellers or otherwise gets involved in any listing. Any listing that claims otherwise, should raise a red flag.
· Do not give your financial information (such as social security number, pay pal, credit card or bank account information) to anyone on the website. You should meet with person listing in person to verify that they exist, that they have a valid real estate broker or agent license, and that the apartment they offer for sale or rent does, in fact, exist. Only then, submit an application.
· Do not rely on pictures only to accept a listing. Go check out the property and verify that it exists.
If you have been the victim of a scam by someone you met in person, contact your local police department.
You can also file a claim with several Federal Agencies:
· FTC toll free hotline: 877-FTC-HELP (877-382-4357)
Copyrights; Intellectual Property
The content available on this Website, including without limitation site design, text, video, music, sound, animation, graphics, interfaces, and the selection of arrangements thereof, along with other materials accompanying such content are owned exclusively by the Company with all rights reserved and protected by copyright, patent, trademark, trade dress, service mark and/or other proprietary rights; or is the property of third parties protected by intellectual property rights. If You believe that your intellectual property rights have been violated in any way, please provide the Company with a written notice giving the details of such claim of infringement. In accordance with the Digital Millennium Copyright Act and other applicable laws, the Company has adopted a policy of terminating accounts and/or pursuing other remedies, at the Company’s sole discretion, if the Company suspects that the account holders have infringed the intellectual property rights of the Company or any other third person.
By choosing to use this Website, you agree to indemnify, defend and hold harmless the Company, its affiliates, officers, owners, agents, partners, employees and licensors from any and all claims or damages (including reasonable attorneys’ fees) made by third parties due to, or arising out of your use of, or connection to, the Company and/or its services; the Website; your violation of this Agreement; or your violation of any rights of another. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company’s defense of such claim. The Company may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs). The rights granted to You herein are expressly made subject to full and strict compliance by You with all of the provisions of this Agreement.
Privacy and Security
You acknowledge that any “Confidential Information” (as defined below) that You obtain through entering into this Agreement and use of our Website constitutes valuable proprietary information of the Company and its licensors, or the private information of other Website users, and You agree that during the term of this Agreement and thereafter you shall not, without the express written consent of the Company, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Agreement or as required by applicable law. For the purposes of this Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the Website; or to the business and management of the Company, its members, affiliates, licensors or licensees; or to Website users, that is not on the public portions of our Website or was not disclosed to the public prior to the date hereof, including but not limited to: the business model and operations, designs, pricing, business plans and strategies, business opportunities, alliances, finances, research, development, graphics, documentation, processes, know-how, trade-secrets, training materials, personnel, methodologies, and other intellectual property, or personal information of any kind pertaining to the Company or its owners, customers, Website users, licensors, licensees or agents.
You are cautioned that any online communications may not be fully confidential and secure. In addition, you should be aware that federal and state regulations may not protect electronic communications. You should be aware that some administrative personnel at the Company may, in the course of their regular duties, have access to communications for technical or operational purposes. The Company may also disclose any communications to the extent permitted or required by law, when required in order to resolve disputes between You and the Company, or when we believe in our sole and exclusive discretion that such communication is probative to any past or future violation of law.
Disclaimers and Limitation of Liability
By using the Website, you expressly agree that use of the Website is at your sole risk. The Website, and the Software it incorporates, are provided on an “AS IS” and “as available” basis. Neither the Company nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Website will be uninterrupted or error-free, OR THAT THE website will not be accessed or compromised by third-party hackers. The entire risk as to the quality and performance of the Website and its content is assumed by You and, therefore, neither the Company nor its Associates are responsible if the Website goes down or content is lost. Neither the Company nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Website or the products or services offered on the Website. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE which MAY BE INCURRED BY YOU AS A RESULT OF THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE. Further, the Company makes no representation that content provided on the Website is applicable to, or appropriate for use in, locations outside of the United States. The Company and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by the Company or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitations or exclusions may not apply to You. In any jurisdiction that does not allow for the limitations or exclusions of certain warranties, the liability of the Company or any of its Associates shall be limited to the maximum extent permitted by law.
The Company’s entire liability and your exclusive remedy, under any claims arising out of your use of the Website shall be for a refund of the fee actually paid by You for a subscription to the Website, if any, provided that, upon a request to _______________________, the Company determines in its sole and absolute discretion that You have been unable to make satisfactory use of the Website. Under no circumstances shall the Company or its Associates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from your use of or inability to use the Website, including but not limited to reliance by You on any information obtained from the Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing limitation of liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of the Company has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Website. Some states do not allow the exclusions or limitations of incidental or consequential damages, so the above limitations or exclusions may not apply to You. In any jurisdiction that does not allow for the limitations or exclusions of liability for incidental or consequential damages, the liability of the Company or any of its Associates shall be limited to the maximum extent permitted by law. You acknowledge that certain of the services provided by the Company are reliant upon the services and equipment of third party providers over which it exercises no control. Accordingly, You agree that the Company shall not be responsible for disruptions in service when same is caused by such third party provider.
The Company is not responsible for disruptions in Website service because of an event of Force Majeure, and in such event, the Company shall have the right to suspend performance of services relating to the Website or to cancel such services without penalty. You may cancel the services if the Company shall suspend them for more than thirty (30) days. Force Majeure shall include strike, lockout, and other labor relation issues; inability to obtain necessary supplies, material, and equipment to maintain the Website; traffic and transportation disruptions; riots and civil disturbances; acts of terrorism, natural disasters or fires; thefts; government suspensions and prohibitions; and all other matters beyond the control of the Company.
Dispute Resolution; Choice of Law
In the event of any dispute between You and the Company arising out of, under or in connection with the Website, such dispute shall be adjudicated exclusively before the Courts located in the State of New York with venue in New York County, New York. You hereby irrevocably submit to the personal and exclusive jurisdiction of the Supreme Court of the State of New York located in NY County. In the event that the Company shall prevail in any such proceeding, You shall be responsible for reimbursing the Company its fees and expenses incurred with respect to the lawsuit, including reasonable attorneys’ fees. Nothing herein shall be construed to prevent a party from obtaining provisional relief from any court of applicable jurisdiction. Use of the Website shall be governed by New York law and the applicable federal laws of the United States of America without regard for its conflict of law provisions. You waive any claim or defense in any action or proceeding based upon alleged lack of personal jurisdiction, improper venue or forum non conveniens or any similar basis, to the extent permitted by law. You consent to service of any required notice or process upon you by e-mail or by national overnight courier, addressed to the last address contained in the membership information that you provide to us via the Website. Notwithstanding the foregoing, nothing herein shall affect the Company’s right to effect service of process in any other manner permitted by law or to bring any legal proceeding (including, without limitation, a proceeding for enforcement of a judgment entered by any court) against You in any other competent court or jurisdiction to which You may otherwise be subject.
YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY.
Waiver; Severability of Terms; Ambiguity
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement shall remain in full force and effect. You agree and declare that it is the intention of the parties that each would have executed such remaining terms, provisions, covenants and restrictions without including any of such as may be hereafter declared invalid, void or unenforceable. Any alleged uncertainty or ambiguity in this Agreement shall not be construed for or against a party based on attribution of drafting to said party.
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 this Agreement or the use of this Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement is personal to You, and is binding upon, and inure to the benefit of, your heirs, executors, and legal representatives, as the case may be, or successors (in the case of an entity). This Agreement is not assignable or transferable by You. Any attempted or purported transfer of any right or obligation under this Agreement in contravention of the provisions of this Agreement shall be null and void. The Company may freely assign this Agreement, or any of its rights or obligations hereunder, without your consent to any other party so long as such party agrees to be bound by the terms hereof.
Entire Agreement; Amendment
If you have concerns relating to this Agreement, please contact the Company at _____________________________. Any communications that you send to us are NOT confidential (unless You and the Company have entered into a separate confidentiality agreement), and You agree that the Company may use or disclose any such communications in any way that it wishes.
If you are accepting this Agreement on behalf of an entity, you represent and warrant that you have full legal authority to bind that entity. If you are using our Website on behalf of another person, you represent that the other person shall read and agree to this Agreement before you check “I Agree” below.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAVE HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This version of the Terms and Conditions was last updated on June 30, 2014.