The use of this Website (to include all content therein) shall be subject to the following terms and conditions. By accessing this Website, the User agrees to said terms and conditions. BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
1. Registration and Contact Forms.
a. Scope of Use. The purpose of this Site is to assist customers and brokers in contacting New York Residence Inc. and its agents concerning the real estate rental and sales listings set forth herein and any other services offered by New York Residence Inc.. You represent that you are a prospective purchaser, seller, lessee or lessor of real property in the geographic areas where New York Residence Inc. is licensed and operating with a bona fide interest in the purchase, sale or lease of such real property.
b. Consent to Contact. BY REQUESTING A FREE REPORT OR CONTACTING US, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS, TELEPHONE CALLS AND/OR FAXES FROM NEW YORK RESIDENCE INC. and NYB PROPERTY LLC You must always provide accurate, current and complete information to New York Residence Inc. for the Service. You must update such information in a timely manner to maintain its accuracy and completeness.
c. Broker Restrictions. If you hold any type of real estate license, including but not limited to a brokers, associate brokers or salespersons license, you must inform us during registration. We authorize the Real Estate Board of New York (“REBNY”) and/or REBNY Listing Service (“RLS”) brokers (and each of their duly authorized representatives) to access the Site for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between New York Residence Inc. and REBNY, or any other applicable RLS rules or policies. We reserve the right to deny or terminate access to any real estate broker, salesperson, agent, or similar state licensed real estate professional (“Real Estate Agent”) except to the extent such Real Estate Agent is accessing the Site for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including without limitation advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Site. Any Real Estate Agent who uses any Content for its customer must first enter into a co-brokerage agreement with New York Residence Inc.
d. Acknowledgment of Broker-Consumer Relationship. By agreeing to these Terms, you acknowledge entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive and you are not obligated to work with New York Residence Inc.
e. No Affiliation With Real Estate Agent. You agree that you have not signed any agreement with any Real Estate Agent that would prevent you from using New York Residence Inc. as your agent. You do not have a contract or agreement with any third party that would interfere with our representation of you. [You agree to notify us immediately in the event you enter into a listing agreement with a Real Estate Agent.]
f. Outreach to Sellers Prohibited. You agree not to contact the owner or seller of any property from information gained through the Site. You will not attempt to enter the property or speak with an owner or seller without an appointment set by New York Residence Inc.
g. We Represent Multiple Buyers. You acknowledge and agree that we may also represent other prospective buyers seeking to purchase the same properties that may meet your purchase criteria.
h. Authorization to Review Documents. You hereby authorize New York Residence Inc. to review and provide you with copies of various documents related to any potential real estate transaction, including without limitation home inspection reports and closing papers.
2. Content
a. Content Protected by Intellectual Property Rights. Any content available through the Site, including applications, software, text, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of New York Residence Inc. or its licensors. All right, title and interest in and to the Site and any Content will remain the exclusive property of New York Residence Inc. and its licensors.
b. No real estate broker or professional shall use this Website for any purpose whatsoever without first entering into a written referral agreement, co-brokerage agreement or other appropriate agreement with NEW YORK RESIDENCE INC. and/or NYB PROPERTY LLC, and any such use shall be unauthorized and unlawful. No User shall directly contact the owner, lessor or principal of any property for which New York Residence Inc. and/or NYB PROPERTY LLC holds a listing. This Website shall not be copied, distributed, linked or otherwise exploited without the express written permission of NYB and NYR first obtained. Any permitted use of this Website shall be in full and complete conformity and compliance with all applicable laws, rules and regulations pertaining thereto.
3. No Warranties.
a. All content on this Website has been researched and compiled by NYB and NYR from sources believed to be reliable; however, NYB PROPERTY LLC and NEW YORK RESIDENCE INC. make no warranties of any description concerning any content appearing therein. NYB and NYR shall not be liable for errors, omissions, typographical errors or other irregularities of content. Listings may be subject to withdrawal, prior sale or rental, or other change, without notice. User shall rely solely upon information furnished by the seller or lessor of the property under discussion in acting or not acting upon such property and not upon any information appearing in this Website or otherwise furnished by NYB PROPERTY LLC or NEW YORK RESIDENCE INC. All documents governing the terms of sale or lease of any property shall be governed exclusively by the purchase agreement, offering plan, prospectus, lease or other transactional document between User and the third party, and not upon information contained in this Website or provided by NYB PROPERTY LLC or NEW YORK RESIDENCE INC.
b. ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PURPOSES ONLY AND ARE PROVIDED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limiting the generality of the forgoing, New York Residence Inc., its owners, affiliates, officers, directors, employees, agents, contractors, content or service providers, investors, successors and assigns (collectively, the “New York Residence Inc. Group”) and the RLS specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and (2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tort, negligence or any other cause of action.
c. Use At Your Own Risk. Any listing on the Site may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Any furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage and dimensions are approximate. Before you act on any information you have found on the Site, you should independently confirm any facts that are important to your decision, including without limitation obtaining any exact dimensions by retaining the services of a professional architect or engineer. The information contained on the Site is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case. IF YOU RELY ON ANY INFORMATION, CONTENT OR SERVICE AVAILABLE THROUGH THE SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, CONTENT OR SERVICE FROM THE SITE. NO MEMBER OF THE NEW YORK RESIDENCE INC. GROUP OR THE RLS CAN ACCEPT ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THIS SITE.
4. Limitation of Liability.
a. Indemnification. By choosing to use the Site, you agree to indemnify, defend and hold harmless the New York Residence Inc. and the NYB PROPERTY LLC from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the Site; (2) your use of or connection to the Site; (3) your violation of these Terms; or (4) your violation of any rights of another.
b. Limitation of Liability. To the extent permitted by applicable law, no member of the New York Residence Inc. Group or the NYB PROPERTY LLC shall be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential damages arising out of your access to or use of the Site or any information contained in it, or your inability to gain access to or use the Site, or any breach of any warranty, even if New York Residence Inc. or the NYB PROPERTY LLC have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICE.
c. NYB PROPERTY LLC and NEW YORK RESIDENCE INC. shall not be responsible for any damages (direct, indirect, consequential or special) arising out of the use of this Website.
5. Copyrights/Trademarks. This Website and all content therein, in every form and format, is the exclusive property of NYB, NYR or its third party content providers and is protected by United States and international copyright laws.
6. This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymized tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.
7. All information furnished regarding property for sale, rental or financing is from sources deemed reliable, but no warranty or representation is made as to the accuracy thereof and same is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing or withdrawal without notice. All square footage and dimensions are approximate. For exact dimensions, you must hire your own architect or engineer.
8. All reports are third-party unbiased accounts written based on research compiled by New York Residence Inc. and/or NYB Property LLC (licensed real estate brokers in New York), and all opinions are those of the author. The reports are not an advertisement for the sale of the properties mentioned and this is not an offering. The complete offering terms are in an offering plan available from the Sponsor.
9. This site has implemented reCAPTCHA v3 and use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use. reCAPTCHA will only be used to fight spam and abuse.
10. Links to Third Party Sites.
This Site may contain links to third party web sites. The linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the linked site or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to such third party sites.
11. Amendments.
Changes to Terms. At any time and for any reason, New York Residence Inc. or NYB PROPERTY LLC, may change or update these Terms, which includes the Privacy Policy and any other agreement that is incorporated by reference into these Terms, without notice to you. Any change or update made by us will be prospective only. You can always find the most recent version of the Terms here. In case of inconsistencies between these Terms and any materials provided off-line, these Terms will always control.
12. Miscellaneous.
a. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
b. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
c. Third Party Rights. These Terms are for the sole benefit of New York Residence Inc. and NYB PROPERTY LLC, our officers, directors, employees, affiliates and agents. No other person, including any user of the Site, shall have the right to assert a claim under these Terms.
d. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
e. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of New York Residence Inc. and/or NYB PROPERTY LLC. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of New York Residence Inc. will be null and void. New York Residence Inc. has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
f. Export Limitations. This Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms.
g. Jurisdiction; Choice of Law; Waiver of Jury Trial. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You and New York Residence Inc. submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the City of New York. The parties hereto waive any right to request a trial by jury.
h. Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
i. Entire Agreement. These Terms comprise the entire agreement between you and New York Residence Inc. with respect to the use of the Site and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.
j. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.
13. Additional or Required Notices.
a. Notice Regarding Trademarks. The Site includes certain trademarks and service marks owned by New York Residence Inc., its affiliates and others. You agree not to use these trademarks or service marks in any manner without the express written permission of the owner. You further agree that you will not alter or remove any copyright, trademark or other legal notice from any Content.
b. Notice Regarding Copyrights. New York Residence Inc. and NYB PROPERTY LLC respect the intellectual property rights of others and requests that users of the Site do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us at New York Residence Inc., 1501 Broadway, Ste 2600, New York, NY 10036, Attn: Neil Foresto. Please provide the following information:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit New York Residence Inc. to locate the material (for example, by providing a URL to the material);
- your name, address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- It is our policy to terminate in appropriate circumstances any Account or user for infringement of intellectual property rights, including copyrights. New York Residence Inc. may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
- Notice of Availability of Filtering Software. Minors are not authorized to visit our Site. We do not believe that the Site contains materials that would typically be the subject of filtering software. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
- No Harvesting or Dictionary Attacks Allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
- Equal Housing Opportunity. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.