Terms and Conditions
The following terms and conditions (these "Terms of Use") govern your use of this website. If you do not acknowledge, accept and agree to be bound by and comply with ("Accept") these Terms of Use, you may not access or otherwise use this website.
Please be advised that this website contains hyperlinks, access and other opportunities to visit websites that may or may not be affiliated with this website, and/or with Luxury New York Gorup LLC, and may be governed by different terms and conditions and/or terms of use. Access to and use of the information contained within any third-party websites are governed and regulated by the terms and conditions, terms of use and privacy policies of each respective website, rather than by these Terms of Use or the privacy policy of this website.
By Accepting these Terms of Use, and registering to access the full features, services and functionality of this website, all registrants (each a "Registrant"), including you, understand that these Terms of Use do not create or impose any financial obligation on such Registrants, and Team shall not be deemed to represent such Registrants in the sale, purchase, development, investment or lease of an individual real property solely by virtue of their Acceptance of these Terms of Use.
1. Relationship
All Registrants (including you) acknowledge and agree that they are entering into a lawful consumer-broker relationship with Team. All Registrants (including you) also acknowledge and agree that they are at least eighteen (18) years of age and will act in accordance with these Terms of Use at all times. IDX information is provided exclusively for consumers’ personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing.
2. Privacy Policy
All Registrants (including you) Accept our privacy policy, available for your review here, which is incorporated by reference herein.
3. Copyright. Ownership of Site and Content
All Registrants (including you) and other users of this website acknowledge and agree that all databases, website design, page layouts, software, feeds, graphic and other designs, applications, programming, graphics, HTML code, trademarks, trade secrets, website content, services, functions, and other intellectual property incorporated in, appearing on or accessed through this website (collectively, "Our Content") are proprietary, original works that are owned by Luxury New York Gorup LLC. All other website content, including (without limitation) the property listings provided by cooperating members of the Manhattan MLS ("MLS") and related text, data, photographic images, floor plans, moving images, audio clips, video clips and illustrations, are owned by the applicable brokerage firms, MLS, vendors, suppliers, third-party content providers or others (collectively, "Third Party Content") (Third Party Content, together with Our Content, is hereinafter collectively referred to as the "Content"). Your use of this website, the Content, and all information incorporated in, appearing on or accessed through, acquired by or through this website, together with all related information, content and/or materials (collectively, the "Website") does not grant to you ownership of or a license to use or distribute any Content or any other portion of the Website. The Website and all portions thereof, including the Content, are protected by and subject to all applicable United States and international copyright, trademark, patent, trade secret and intellectual property laws, and your use of the Website is subject at all times thereto. Luxury New YOrk Group LLC respects the intellectual property rights of others, and intend to comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers at all times. 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 notify us at the following address:
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477 Madison Avenu FL-6 |
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New York, NY 10022 |
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Attn: Jonathan Solomon |
Any such notification must include the following information:
· A physical or electronic signature of the person authorized to act on behalf of the party claiming such violation;
· Identification of the alleged violation;
· Identification of the location and other details of the alleged violation;
· The address, telephone number and email address of the person authorized to act on behalf of the party claiming such violation;
· A statement, by the party claiming such violation (or a person authorized to act on such party's behalf) affirming a good-faith belief that the alleged violation has not been authorized by applicable law or by any party with the actual or apparent authority to authorize it;
· A statement by the party claiming such violation (or a person authorized to act on such party's behalf), under penalty of perjury, that all information supplied in such notification is accurate and that the person submitting such notification is authorized to act on behalf of the party claiming such violation.
4. Trademarks
The name "Luxury New York" and all related names, and logos are either trademarks, service marks, registered trademarks, trade secrets or other intellectual property of Luxury New York Gorup LLC. They may not be copied, imitated, reproduced, republished, posted, modified, exported, transmitted, retransmitted, distributed or redistributed, displayed or used in conjunction with any product or service that is not offered by Team, in a way that may cause a reasonable person to be confused about the identity of Team or any affiliation with Team, or in any manner that disparages, defames or discredits Team. All other company logos, trademarks, service marks, product, company or trade names not owned by Team that appear on, are incorporated through, or are accessed through the Website are the property of their respective owners, who or which may not be affiliated with, connected to, represented or sponsored by Team. Except as otherwise expressly provided on the Website, no reference to any products, companies, websites, people, entities or services offered by, owned by or affiliated with any third party is intended to constitute or imply an endorsement, sponsorship or recommendation of any kind by Luxury New York Group LLC.
5. Scope of Use
The Website is solely intended for the personal, non-commercial use of individual users who have a bona fide interest in the purchase, sale or lease of the type of real estate depicted on, accessed through, or incorporated in the Website. No person or entity, including without limitation any real estate broker or other real estate professional, may market, sell, copy, distribute, redistribute, export, license, transfer, publish, republish, display, link to, transmit, retransmit, download, frame, store, post, modify, enter into a database or in any way use or exploit the Content or any other portion of the Website, in whole or in part, other than in connection with a Registrant's potential purchase, sale, development, investment, or lease of an individual property. No Registrant or other user of the Website may use the Website for any purpose that is prohibited by applicable law or these Terms of Use, including without limitation any discriminatory, defamatory or obscene use. Without limiting the foregoing, no Registrant or other user of the Website (including you) may: (a) take, facilitate, cause or allow any action that imposes an unreasonable or disproportionately heavy load on the Website's infrastructure, including without limitation "spam" or any other such unsolicited mass e-mailing techniques; (b) disclose, use, facilitate, or cause or allow to be disclosed or used, any assigned confirmation numbers, user names, and/or passwords for any unauthorized purpose; (c) attempt to decipher or reverse engineer all or any portion of the Content; (d) use, facilitate or cause or allow to be used any robot, spider, intelligent agent, or other automatic device or manual process to search all or any portion of the Content. No one may use the Website, facilitate or cause or allow it to be used, in violation of (i) any applicable rules established by REBNY, the New York State Department of State, or the New York State Department of Banking, or (ii) any applicable federal, state, or local law or regulation. Any such action may result in civil and/or criminal penalties, and Team expressly reserve all of their respective rights, remedies, claims and defenses in connection therewith.
6. No Warranties
The Website, and all portions thereof, is provided on an “as is” basis, without any express or implied warranty of any kind, including (without limitation) title, fitness for a particular purpose, non-infringement, availability, the implied warranties of merchantability, and those arising by statute, or otherwise in law, or from a course of dealing, or usage of trade, all of which are expressly disclaimed by Team. The Website and all information contained in, incorporated on, accessed through, or acquired by or through the Website is subject to errors, omissions, prior sale or rental, modification, amendment, update, supplement, revision and/or withdrawal without notice to you (or any other Registrant or user of any portion of the Website) or any obligation of Team. Team does not make any representations or warranties of any kind, expressed or implied, regarding the search or other results or information that may be obtained via the Website, or with respect to the reliability, accuracy or availability of any information, content or service incorporated in, appearing on, accessed through, acquired by or through your use of the Website, including (without limitation) the Content. Your use of the Website, including (without limitation) any information, content or service incorporated in, appearing on, accessed through, acquired by or through your use of the Website, is always at your own risk. For the avoidance of doubt, neither Team, third party content providers, their respective officers, members, directors, brokers, employees, agents, vendors, contractors, affiliates, content or service providers, or any other representatives, or any other person or entity represents or warrants that the functionality of the Website (or any portion thereof) will be uninterrupted or error-free, that any defects can or will be corrected, that the server on which the Website (or any portion thereof) is hosted or made available, and/or emails are transmitted, will be free of viruses and other harmful components. You hereby expressly agree: (i) to assume all risks in connection with your use of the Website, and (ii) to assume all obligations, responsibility and liability for any servicing, damage or repair of any computer and related system or systems that arises out of or is in any way connected to your use of the Website and any information incorporated in, appearing on, accessed through, or acquired by or through the Website, including (without limitation) responsibility and liability for all costs, damages, fees and other injuries incurred by any person or entity in connection therewith.
7. Limitation of Liability
In no event shall Team, or their respective officers, members, directors, employees, agents, vendors, contractors, affiliates, other representatives, brokers, content or service providers be liable under any legal theory (whether in tort, contract or otherwise) for any direct, indirect, incidental, exemplary, special, consequential, punitive damages or other damages whatsoever arising out of or in any way connected to the use or performance of any portion of the Website and/or any information incorporated in, appearing on, accessed through, or acquired by or through the Website or your use thereof (including, without limitation, search and other results, third party links, content or other features or information that may be obtained via the Website), even if such party has been advised that such party may suffer such damages, costs, fees or other injuries. Team, third party content providers, and their respective officers, members, directors, employees, agents, vendors, contractors, affiliates, other representatives, brokers, content and service providers shall not be held liable for any direct, indirect, incidental, consequential, exemplary, special, punitive or any other damages arising out of or in any way connected with your use of any portion of the Website and/or any information incorporated in, appearing on, accessed through, or acquired by or through the Website or your use thereof (including, without limitation, search and other results, third party links, content or other features or information that may be obtained via the Website), even if such party has been advised that such party may suffer such damages, costs, fees or other injuries.
8. Indemnification
You agree to indemnify, defend and hold harmless Team, and their respective officers, members, directors, employees, agents, vendors, contractors, affiliates, other representatives, brokers, vendors, and content and service providers from and against all losses, expenses, damages, injuries, fees and costs (including, without limitation, attorney’s fees) arising out of or in any way connected to your use of use of any portion of the Website and/or any information incorporated in, appearing on, accessed through, or acquired by or through the Website or your use thereof (including, without limitation, search and other results, third party links, content or other features or information that may be obtained via the Website).
9. Third Party Content
Team may host, incorporate or provide access to third party links, content and other features contained on, incorporated in, or accessed through the Website as a convenience to Registrants and other users of the Website. Team hereby expressly disclaims any and all responsibility for all such third party content, features and websites, and makes no claim, representation, endorsement or warranty regarding the quality, accuracy, adequacy, legality, ownership or reliability of such websites, features and/or content. Registrants and all other users of the Website (including you), who are encouraged to adhere to the respective terms and conditions, terms of use and privacy policies applicable to such websites, features and/or content, hereby expressly Accept that their use of and access to such websites, features and/or content are at their own risk and assume all risk of loss, expenses, damages, injuries, fees and costs (including, without limitation, attorney’s fees) arising out of or in any way connected to their use of and access to such websites, features and/or content. The data relating to real estate on this website comes in part from the IDX of NY State MLS. Real estate listings held by brokerage firms other than Luxury New York are marked with IDX logo and the detailed information about them includes the name of the listing broker.
10. Modification to Terms of Use
Team reserves the right, in its sole discretion, to amend, supplement, alter, update, revise or otherwise modify these Terms of Use at any time, without notice to you or any other Registrant or user of the Website, or any liability, obligation or responsibility in connection therewith. By Accepting these Terms of Use, you and all Registrants and other users of the Website expressly Accept all such modifications, which shall be immediately valid, binding and effective.
11. Termination of Use
Team reserves the right, without notice to you or any other Registrant or user of the Website, or any liability, obligation or responsibility in connection therewith, to restrict, suspend, modify or terminate your account and/or your right to access and use the Website, at any time and for any reason.
12. Governing Law
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to its principles with respect to conflict of laws. You hereby submit to the jurisdiction of the state and federal courts located in the State of New York in any action, suit or proceeding. If any provision of these Terms of Use shall be deemed invalid or unenforceable, the remainder of these Terms of Use shall not be affected thereby, and all other provisions of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.
13. New York State Disclosure:
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
A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller cannot provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.
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 AGENT 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 a licensed real estate salesperson or broker of ___________________, acting in the interest of the Buyer as a buyer's agent:
(I)(We) acknowledge receipt of a copy of this disclosure form:
Signature of Buyer(s):
____________________ ____________________
____________________ ____________________
Date:_______________ Date:_______________
b. For landlord-tenant transactions, the following shall be the disclosure form:
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 a licensed real estate salesperson or broker of _________________, acting as:
(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):
__________________________________________
__________________________________________
Date: _______________ Date: _______________