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TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use (“Terms of Use” or “TOU”) govern your use of this Broker Website (“Website” or “Broker Website”) as provided by Klickads dba BrokersNYC (“BrokersNYC”) and Broker , collectively Providers (“Providers”). Different portions of the website may be accessible to Non-Registered Users (“Non-Registered Users”) and Registered Users (“Registered Users”), collectively (“Users”). By accessing this Website, you (“User”) acknowledge and accept these TOU. If you do not agree with these TOU, you may not access or otherwise use the Website.

Providers reserve, at their sole discretion, the right to modify, alter or update the TOU at any time without notification and such modifications will be effective and binding immediately upon posting. It is recommended that you review the TOU each time you visit the Website so that you are familiar with any modifications. By using the Website after Broker has posted notice of such modifications, alterations or updates, you agree to be bound by the revised TOU.

Please be advised that the Website may provide you the opportunity to visit other websites (“Third-Party Websites”) that may or may not be affiliated with Providers and will contain different Terms and Conditions of Use. Access to and use of the information contained within these Third-Party Websites is regulated by the respective TOU and Privacy Policies of each of these particular websites.

  1. REGISTRATION, SECURITY AND TERMINATION

As part of the registration process, you will select a User Name and Password. You will provide Providers with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of User's account. You may not register under the name of another person with or without the intent to impersonate that person. You will be responsible for maintaining the confidentiality of your password. You acknowledge that you are at least eighteen (18) years of age.

  1. PRIVACY POLICY

Broker is committed to protecting your privacy. Please review the Privacy Policy, which governs the protection and use of any personal information you may provide to us. To view our full Privacy Policy, click here.

  1. WEBSITE CONTENT

The Website Content (“Content”) includes but is not limited to property and building listing information (“Listings”) and reports, media including but not limited to photographs, images, illustrations, audio and video clips, comments and forums. Content is developed or assembled by Providers.

Providers reserve the right to make improvements or changes to the Content of the Website at any time. Upon each occasion of usage, Users should read the TOU for future modifications.

  1. SCOPE OF USE

The Website and its Content are solely intended for the personal, non-commercial use of Users who have a bona fide interest in the purchase, sale or lease of real estate and apartments as offered via this Website. You may not sell, copy, distribute, license, transfer, publish, display, link to or display on another website, transmit, download, store, post, enter into a database or in any way exploit the Content in whole or in part except in connection with your potential purchase, sale or lease of an individual property. You may not frame the Content or otherwise incorporate the Content, in whole or in part, into another website.

No person, including without limitation any real estate broker, real estate professional or listing service, may market or make commercial use of Provider’s Content in any way, including but not limited to advertising or reproducing Provider’s Listings on any website or in any print medium.

You may not use this Website for any unlawful purpose or purpose contrary to the TOU. You may not limited to: (a) disclose or use private login or user names or assigned confirmation numbers and/or passwords for any unauthorized purpose; (b) use the Website for any discriminatory, defamatory or obscene use; (c) attempt to decipher or reverse engineer the software or HTML code comprising or in any way making up a part of the Website; (d) use any robot, spider, intelligent agent, other automatic device or manual process to search, monitor or copy Website pages, or the Content; (e) take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, including but not limited to injections or "spam" or other such unsolicited mass e-mailing techniques; (f) use any Content in violation of the rules of the Real Estate Board of New York (“REBNY”), the New York State Department of State, the New York State Department of Banking, or any other federal, state, or local law or regulation. Any such improper action is expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the full extent of the law.

  1. THIRD PARTY CONTENT AND WEBSITES

Providers may host Third-Party Content (“Third-Party Content”) on Broker’s Website as a convenience to Users. Providers do not assume any responsibility and make no representations regarding the quality, accuracy, ownership or reliability of Third-Party Content. Users should use Third-Party Content at their own risk and are encouraged to read each site’s respective Terms and Conditions and Privacy Policies. The inclusion of any Third-Party Content does not imply a recommendation or endorsement by Providers of these Third-Party Websites.

  1. LINKED INTERNET SITES

The Website may contain links to other sites (“Linked Sites”) that are provided solely for your convenience and information. The content contained within these Linked Sites is not controlled by Providers and, irrespective of whether or not Providers are affiliated with the Linked Sites, Providers do not endorse or confirm the accuracy of the content in any way. Users of a Linked Site must heed the Terms and Conditions of Use and Privacy Policies of each respective Linked Site.

  1. NO WARRANTIES

All Content on the Website is provided on an “as is” basis without warranty of any kind either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement or availability. All Content, including but not limited to Listings, is provided subject to errors, omissions, prior sale or rental, change or withdrawal without notice. In particular, User is advised to hire his own engineer or architect or lawyer with respect to count of bedrooms, measurements and calculation of square footage. Website Content may be updated, modified or withdrawn at any time.

User access to the Website is solely provided for convenience and information only. Providers do not warrant or make any representations regarding the reliability, accuracy or availability of any listings results, information, content or service facilitated by use of the Website. User accepts sole responsibility for use of the Website and its Content.

Providers and other companies involved in the creation, production or distribution of the Website do not represent or warrant that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected, or that the servers and links that provide Content and/or emails will be free of viruses or other harmful components. You agree to assume all risks of using Websites and related materials and you solely assume all costs that may be necessary to service or repair your system.

  1. LIMITATION OF LIABILITY

In no event, will Providers, their officers, directors, employees, agents, consultants, affiliates, vendors, content or service providers or any other person or entity involved with the development, production or distribution of the Website be liable for any direct, indirect, incidental, special, consequential, punitive damages or any damages whatsoever arising out of the use or performance of the Website or its Content, even if Providers have been advised of the possibility of such dangers. User agrees that Providers, their officers, directors, employees, agents, consultants, affiliates, vendors, content or service providers or any other representatives will not be held liable for any direct, indirect, incidental, consequential, special or punitive damages arising out of or in any way connected with the use of the Website or the Content contained herein, even if Providers have been advised of the possibility of such damages.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Providers, their officers, directors, employees, agents, consultants, affiliates, vendors, content and service providers from and against all loses, expenses, damages and costs, including, without limitation, attorneys’ fees, relating to your use of this Website or any Third-Party Content or website originating from this Website.

  1. COPYRIGHT; OWNERSHIP OF WEBSITE AND CONTENT

The Website look and feel, site design and navigation, page layouts, software, building information and photos and any Content entered by BrokersNYC are owned by BrokersNYC and licensed to Broker for its use on the Website.

Exclusive listing content consisting of property listings information, description, photos and floorplans provided via cooperating REBNY brokers are the ownership and copyright of these brokers in so far as the law permits. The content provided by the Broker is the ownership of the Broker, and that of third-party content providers is owned by those respective companies.

You acknowledge that your use of the Website does not grant to you ownership of any content contained on or accessed through the Website. All Website Content is protected by United States and international copyright laws. Software used for the Website is the property of BrokersNYC and is protected by United States and international copyright laws.

Providers respect the intellectual property rights of others and comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers. Pursuant to these regulations, if you believe that anything appearing on, incorporated in or accessed through the Website violates any applicable United States or international copyright, trademark, patent, trade secret or intellectual property laws, please file a notice of infringement with us. You must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material available online infringes your copyright, please first contact an attorney.

To expedite our ability to process your request, please use the following format including section numbers:

  1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
  2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. Include any relevant search inquiries and results.
  3. Provide your contact information including name, phone, email.
  4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. Your physical or electronic signature or that of the person authorized to act on behalf of the owner of the claimed copyright interest;

Send the written communication to the following address:

 

BrokersNYC
Broker
11 W. 25th Street
New York, NY 10010
Tel: 212-220-5469

 

  1. TRADEMARKS

The name BrokersNYC and Broker and their related logos are either trademarks, service marks are registered trademarks and intellectual property of BrokersNYC and Broker, respectively, and may not be copied, imitated or used in conjunction with any product or service which is not offered by BrokersNYC or Broker, is likely to cause confusion to a reasonable person, or in any manner disparages, defames or discredits BrokersNYC or Broker. All other company logos, trademarks, service marks, product or company names not owned by BrokersNYC or Broker that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Providers. Reference on the Website to any other products, companies or services, does not constitute or imply an endorsement, sponsorship or recommendation of any kind by Providers.

  1. TERMINATION OF USE

Providers reserve the right, without notice or liability, to restrict, suspend or terminate your account and prevent your future access to the Website.

13. VIOLATIONS; LIQUIDATED DAMAGES; ATTORNEYS’ FEES
Providers reserve the right to seek all remedies available at law and in equity for violations of the TOU set forth in the Website, including the right to block access from a particular Internet address to the Website. You agree that in the event the damages of a violation of these TOU are difficult to determine, Providers shall be entitled to $20,000 as liquidated damages for each violation of these TOU and to seek injunction relief. You agree that you will be solely responsible for Providers’ legal fees in upholding this TOU.

  1. SEVERABILITY; WAIVER.

If any provision of this TOU is found to be invalid or unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way. Any invalid provision may be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver by either party of a breach of any provision of this TOU will not operate or be interpreted as a waiver of any other or subsequent breach.

  1. HEADINGS

Headings used in this TOU are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this agreement.

  1. SUCCESSORS AND ASSIGNS.

This Agreement shall be binding upon and inure to the benefit of BrokersNYC’s successors.

  1. ENTIRE AGREEMENT

This agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled.

  1. GOVERNING LAW

The Terms and Conditions of Use posted on the Website shall be governed by, construed and enforced by the laws of the State of New York. You hereby consent to the jurisdiction of the state and federal courts located in New York. If any provision of the Terms and Conditions shall be deemed unlawful, void or for any reason be unenforceable, it shall not affect in any way the validity and enforceability of the remaining Terms and Conditions.

  1. NEW YORK DISCLOSURE FOR NEW YORK CUSTOMERS

New York Disclosure Forms have been separated for Buyers/Sellers and Renters/Landlords.

A. Below is the text of the NEW YORK STATE DISCLOSURE FORM FOR BUYERS AND SELLERS. THIS IS NOT A CONTRACT.
New York state law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
SELLER'S AGENT
A seller's agent is an agent who is engaged by a seller to represent the seller's interests. The seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller. A seller's agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller's agent does not represent the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

BUYER'S AGENT
A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interests. The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer's agent does not represent the interests of the seller. The obligations of a buyer's agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer's ability and/or willingness to perform a contract to acquire seller's property that are not inconsistent with the agent's fiduciary duties to the buyer.

BROKER'S AGENTS
As part of your negotiations with a real estate agent, you may authorize your agent to engage other agents whether you are a buyer or seller. As a general rule, those agents owe fiduciary duties to your agent and to you. You are not vicariously liable for their conduct.

DUAL AGENT
A real estate broker may represent both the buyer and the seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.

DUAL AGENCY WITH DESIGNATED SALES ASSOCIATES
If the buyer and the seller provide their informed consent in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales associate to represent the buyer and another sales associate to represent the seller to negotiate the purchase and sale of real estate. A sales associate works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales associate for the buyer will function as the buyer's agent representing the interests of the buyer and the designated sales associate for the seller will function as the seller's agent representing the interests of the seller in the negotiations between the buyer and seller. A designated sales associate cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales associate must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales associates before agreeing to such representation.
This form was provided to me by the company named below:
Licensee or Associate of Licensee: ___________________(signature) of Company: ___________________________________________________
The above-named company, which is licensed as a real estate broker, is (check one)
[ ] the seller's agent
[ ] the buyer's agent
[ ] the broker's agent
[ ] a dual agent
[ ] a dual agent with designated sales associates. If dual agent with designated sales associates is checked:
_____________________________________________is appointed to represent the buyer; and _____________________________________________is appointed to represent the seller in this transaction.
(I/We) acknowledge receipt of a copy of this disclosure form:
Signature of [ ] Buyer(s) and/or [ ] Seller(s):
___________________________________ ______________________________
Name Name
___________________________________ ______________________________
Name Name
___________________________________ ______________________________
Date Date
PDF:NY State Disclosure Form for Buyer and Seller

 

B. Below is the text of the NEW YORK STATE DISCLOSURE FORM FOR LANDLORD AND TENANT. THIS IS NOT A CONTRACT
New York state law requires real estate licensees who are acting as agents of landlords and tenants of real property to advise the potential landlords and tenants with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
A landlord's agent is an agent who is engaged by a landlord to represent the landlord's interest. The landlord's agent does this by securing a tenant for the landlord's apartment or house at a rent and on terms acceptable to the landlord. A landlord's agent has, without limitation, the following fiduciary duties to the landlord: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A landlord's agent does not represent the interests of the tenant. The obligations of a landlord's agent are also subject to any specific provisions set forth in an agreement between the agent and the landlord. In dealings with the tenant, a landlord's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

TENANT'S AGENT
A tenant's agent is an agent who is engaged by a tenant to represent the tenant's interest. The tenant's agent does this by negotiating the rental or lease of an apartment or house at a rent and on terms acceptable to the tenant. A tenant's agent has, without limitation, the following fiduciary duties to the tenant: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A tenant's agent does not represent the interest of the landlord. The obligations of a tenant's agent are also subject to any specific provisions set forth in an agreement between the agent and the tenant. In dealings with the landlord, a tenant's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

BROKER'S AGENTS
As part of your negotiations with a real estate agent, you may authorize your agent to engage other agents whether you are a landlord or tenant. As a general rule, those agents owe fiduciary duties to your agent and to you. You are not vicariously liable for their conduct.

DUAL AGENT
A real estate broker may represent both the tenant and the landlord if both the tenant and landlord give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the landlord and the tenant. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the tenant and landlord. An agent acting as a dual agent must explain carefully to both the landlord and tenant that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the landlord and tenant are giving up their right to undivided loyalty. A landlord and tenant should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.

DUAL AGENT WITH DESIGNATED SALES ASSOCIATES
If the tenant and the landlord provide their informed consent in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales associate to represent the tenant and another sales associate to represent the landlord. A sales associate works under the supervision of the real estate broker. With the informed consent in writing of the tenant and the landlord, the designated sales associate for the tenant will function as the tenant's agent representing the interests of the tenant and the designated sales associate for the landlord will function as the landlord's agent representing the interests of the landlord in the negotiations between the tenant and the landlord. A designated sales associate cannot provide the full range of fiduciary duties to the landlord or tenant. The designated sales associate must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A landlord or tenant should carefully consider the possible consequences of a dual agency relationship with designated sales associates before agreeing to such representation. This form was provided to me by the company named below:
Licensee or Associate of Licensee: ___________________ (signature) of Company: _________________________________________________
The above-named company, which is licensed as a real estate broker, is
(check one)
[ ] the landlord's agent
[ ] the tenant's agent
[ ] the tenant's agent
[ ] a dual agent
[ ] a dual agent with designated sales associates. If dual agent with designated sales associates is checked:
______________________________________________is appointed to represent the tenant; and
______________________________________________is appointed to represent the landlord in this transaction.
(I/We) acknowledge receipt of a copy of this disclosure form:
Signature of [ ] Landlord(s) and/or [ ] Tenant(s):
___________________________________ ______________________________
Name Name
___________________________________ ______________________________
Name Name
___________________________________ ______________________________
Date Date

PDF: NY Disclosure Form for Landlords and Tenants