Privacy Policy

Terms and conditions

Thank you for choosing to be part of our community at Undivided, Inc., ("we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at hello@undividedre.com.
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When you visit our website https://undividedre.com (the "Website"), and more generally, use any of our services (the "Services", which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
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This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.
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Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
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TABLE OF CONTENTS
‍1. WHAT INFORMATION DO WE COLLECT?
2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
4. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
6. HOW LONG DO WE KEEP YOUR INFORMATION?
7. DO WE COLLECT INFORMATION FROM MINORS?
8. WHAT ARE YOUR PRIVACY RIGHTS?
9. CONTROLS FOR DO-NOT-TRACK FEATURES
10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
11. WHAT IF I AM A CONNECTICUT, COLORADO, OR VIRGINIA RESIDENT?
12. DO WE MAKE UPDATES TO THIS NOTICE?
13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
14. HOW CAN YOU REVIEW, UPDATE OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT INFORMATION DO WE COLLECT?
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Personal information you disclose to us
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In Short:  We collect personal information that you provide to us.
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We collect personal information that you voluntarily provide to us when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.
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The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:
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All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
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Information automatically collected
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In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Website.
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We automatically collect certain information when you visit, use or navigate the Website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Website and other technical information. This information is primarily needed to maintain the security and operation of our Website, and for our internal analytics and reporting purposes.
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Like many businesses, we also collect information through cookies and similar technologies.
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2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
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In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
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We may process or share your data that we hold based on the following legal basis:

‍Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
‍Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
‍Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
‍Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
‍Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:
‍Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
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3. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
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In Short:  We may use cookies and other tracking technologies to collect and store your information.
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We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.
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4. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?     
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In Short:  We may transfer, store, and process your information in countries other than your own.
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Our servers are located within the Google platform. If you are accessing our Website from outside, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE" above), in and other countries.
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If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy notice and applicable law. 

‍5. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
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In Short:  We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our Website.
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The Website may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy notice. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Website. You should review the policies of such third parties and contact them directly to respond to your questions.
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6. HOW LONG DO WE KEEP YOUR INFORMATION?
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In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
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We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).
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When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
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7. DO WE COLLECT INFORMATION FROM MINORS?
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In Short:  We do not knowingly collect data from or market to children under 18 years of age.
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We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at hello@undividedre.com.
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8. WHAT ARE YOUR PRIVACY RIGHTS?
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In Short:  You may review, change, or terminate your account at any time. 

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:
‍http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
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If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
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Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.
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9. CONTROLS FOR DO-NOT-TRACK FEATURES
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Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 
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10. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
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In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
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California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
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If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
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11. WHAT IF I AM A CONNECTICUT, COLORADO, OR VIRGINIA RESIDENT?

If you are a resident of Connecticut, Colorado, or Virginia, you have certain legal rights related to your Personal Information, as described in greater detail below:

The right to request information about personal information collected about you
The right to access personal information in a portable format
The right to opt out of the sharing of personal information to a third party
The right to request deletion of personal information
The right to correct your inaccurate personal information

You can submit your verified consumer request to know information, opt out of sharing, or for deletion by emailing us at hello@undividedre.com.

To verify residency, we may request up to three pieces of Personal Information for comparison against our records.

We may deny or fulfill certain requests, either in part, or in full, based on our legal rights and obligations. You have the right to submit an appeal if you are not satisfied with the outcome of your request, by emailing us at hello@undividedre.com
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12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.
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We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
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13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?     
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If you have questions or comments about this notice, you may email us at hello@undividedre.com or by post to:
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Undivided, Inc.
102 Legend Drive, Unit 202
Sleepy Hollow, NY 10591
United States
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14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?     
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Based on the applicable laws of your state or country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please submit a request form by clicking here.

TERMS & CONDITIONS
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Introduction

‍These terms and conditions (these “Terms & Conditions”) apply to undividedre.com (the “Website” or the “Site”). The Site is operated by Undivided Inc. and its affiliated companies (if applicable) (collectively referred to herein as the “Company”, “we”, “us,” or “our”). The Company offers the Site, including all information, tools and services available from this Site, to you, the user (“you” or “User”), conditioned upon your acceptance of the terms, conditions, policies, and notices stated herein. Your use of this Site constitutes your agreement to the Terms & Conditions which may be updated by us from time to time without providing you notice.

‍Site Guidelines

‍By accessing and/or using the Site, you agree to comply with the following Site Guidelines (the “Site Guidelines”):
You will comply with all applicable laws (see section titled “Jurisdiction and Applicable Law” herein) in your access or use of the Site and will not use the Site for any unlawful purpose within the scope of these Terms & Conditions;
You will not upload, post, e-mail, transmit, or otherwise make available any content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is false, inaccurate, misleading, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar personal information.
You will not stalk, threaten, or otherwise harass another person;
You will not access or use the Site to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
You will not distribute or post spam, unsolicited bulk electronic communications, chain letters, or pyramid schemes;
You will not copy, modify, or distribute any content or materials from the Site, any services or tools, or any of the Company’s trademarks;
You will not harvest or otherwise collect any information about other Users, including email addresses or user preferences without their or the Company’s express written consent; and
You will not hack, modify, circumvent, or otherwise attempt to access portions of data contained within the Site that are not explicitly presented to you. 

‍Restrictions

‍Access to the Site is restricted to individuals aged 18 years or older. While using the Site, User agrees not to use the site if User is not able to form legally binding contracts, or is temporarily or indefinitely suspended from using the Site.

Without limiting any other remedies, the Company may limit, suspend, or terminate any User’s access or ability to use the Site and its content, if the Company determines in its sole discretion that such User is or may be violating these Terms & Conditions; or acting inconsistently with the letter or spirit of the Company’s policies, or is otherwise creating a negative user experience for other Users.  The Company reserves the right to cancel unconfirmed accounts that have been inactive for an extended period of time, or to modify or discontinue any part of or all of the Site. The Company reserves the right to take any technical or legal steps to prevent misuse of the Site and to delay or remove hosted content for any reason. 

‍Intellectual Property

‍All text, images, marks, logos, compilations, and other content of the Site, excluding any User Content (collectively referred to as the “Content”) are proprietary to the Company or to third parties. All software used on the Site is proprietary to the Company or to third parties, and any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other reduction of such software to human-readable form is prohibited. 

The Content is protected under both United States and foreign laws. You have no rights in or to the Content, and you will not use the Content except as permitted under these Terms & Conditions. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited without the Company’s prior written consent.

The trademarks, service marks, and logos of the Company, including “Undivided” (the “Trademarks”) used and displayed on the Site are trademarks or service marks of the Company. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific to each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. 

All goodwill generated from the use of the Company’s Trademarks inures to our benefit.

None of the Content may be retransmitted without our express, written consent for each and every instance.

‍User Content

‍“User Content” means any photographs, images, text, drawings, pictures, comments, questions, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by the User to the Company, whether in the form of email or submissions to the Company, or postings on the Site, or testimonials about the Company. When you submit User Content to the Company, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right under all copyright, trademark, patent, trade secret, publicity, privacy and other proprietary or intellectual property rights in the User Content, to use, copy, modify, make derivative works of, publish, broadcast, display, and distribute the User Content in any media known now or in the future. You represent and warrant that you have all right, title, and interest in and to such copyright, trademark, publicity and database rights as are necessary to grant the above rights to the Company. 

Without limiting the foregoing, the Company will be entitled to unrestricted use and other exploitation of the User Content for any purpose whatsoever, commercial or otherwise, by any means and any media, and without compensation to the provider, author, creator or inventor of the User Content. You agree that any User Content is non-confidential (but subject to the Site’s Privacy Policy).

‍Communications With Us

‍Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in or derived from your communications for any purpose whatsoever including but not limited to the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

‍No Warranties; Limitation of Liability

‍THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXCLUDING THOSE EXPLICITLY SET FORTH HERE OR ELSEWHERE ON THE SITE, AND INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
(I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK; 
(II) WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; 
(III) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND, 
(IV) OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SITE.
IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

The Company, including its members, officers, directors, employees and affiliates shall not be responsible for, and hereby disclaims any and all liability for death or personal injury unless caused by the Company’s or such person’s gross negligence or willful misconduct.  Whether or not the Company has been advised of the possibility of such damages, the Company will not have any liability to you for any claim to the extent that such claim arises out of, is in connection with the Company services, or can be characterized as a claim for: loss of revenue or profits, loss of business opportunity or loss of contracts, loss of goodwill or injury to reputation, indirect, incidental, consequential, exemplary or special loss or damage; or anticipated savings.

The Company shall not be liable to you and will not be deemed to be in breach of these Terms & Conditions for any delay in performing, or failure to perform services where such delay or failure is due to causes or events beyond the Company’s reasonable control.

Applicable law may not allow the limitation of liability as set forth in this Section of these Terms & Conditions so limitation of liability may not apply to you. IF ANY PART OF THIS LIMITATION OF LIABILITY IN THIS SECTION IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON THEN THE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200.00) OR THE AGGREGATE PAID BY YOU TO THE COMPANY WITH RESPECT TO THE TRANSACTION FOR WHICH SUCH LIABILITY IS CLAIMED, and under all circumstances, you are solely responsible for making your own arrangements for the payment or insurance of any excess loss.

‍External Sites

‍The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others outside the scope of the Company agency. You are solely responsible for contacting the site administrator or webmaster for any such External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You are solely responsible for taking precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

‍Copyright

‍The Company takes the intellectual property rights of others seriously and complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended).

If you have any complaints or objections to material posted on the Site, you may contact our designated Copyright Agent at the following address:

Undivided Inc.
102 Legend Drive, Unit 202
Sleepy Hollow, NY 10591
Attn: Copyright Agent
hello@undividedre.com

If writing to us at either our physical or e-mail address, please make sure to use the subject line “DMCA Notice” and provide the following information to our Copyright Agent (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

‍Confidentiality

‍The Company warrants that it will keep secret any confidential information that the Company possesses concerning the User using a degree of care equal to the degree of care that the Company uses in connection with the treatment of its own confidential information, but in no event less than reasonable care. The Company will not copy, publish, use or disclose a User’s confidential information except that such confidential information may be disclosed (i) to employees or vendors on a need to know basis and as may be reasonably required in connection with the performance of the Company’s obligations under these Terms & Conditions, or (ii) in connection with the defense of any action; or (iii) as authorized by the User or by these Terms & Conditions. If the Company is required (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation demand or similar process) to disclose any confidential information of the User, the Company will reasonably cooperate with the User and provide the User with prompt notice of such request(s) as reasonably possible or so that the User may seek an appropriate protective order.

The obligation in this Section shall cease to apply to information or knowledge which (i) has become public knowledge otherwise than through any unauthorized disclosure or other breach by the Company; (ii) the Company lawfully receives from a third party without restriction on disclosure and without breach of a nondisclosure obligation; or (iii) the Company knew prior to receiving or acquiring such information or develops such information independently.

‍Privacy Policy

‍The Company shall maintain on its Site a current Privacy Policy (found here) detailing what information the Company collects from Users, how that information may be used and/or shared with third parties and how the Company may contact Users with offers of goods or services.  The Privacy Policy is incorporated by reference into these Terms & Conditions and binding upon Users.

‍Indemnification

‍You agree to defend, indemnify, and hold us and our members, officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms & Conditions or your access to, use, or misuse of the Content or the Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

‍Jurisdiction and Applicable Law

‍The laws of the State of New York govern these Terms & Conditions and your use of the Site, and, subject to the arbitration provisions contained herein, you irrevocably consent to the exclusive jurisdiction of, and venue in, any state court of competent jurisdiction located in the State of New York, County of New York, or the United States District Court for the Southern District of New York, for purposes of adjudicating any action arising out of or relating to these Terms & Conditions or use of the Site, except for those matters to be arbitrated as set forth herein. Although Users may access this Site from other jurisdictions, this Site is designed to comply with the laws of the State of New York and of the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

‍Termination 

‍We reserve the exclusive right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

‍Binding Arbitration

‍Any dispute, claim or controversy between you and the Company arising out of, relating to, associated with these Terms & Conditions (and the terms and provisions contained therein), or the breach thereof, the Content, or the Site (each a “Claim”) shall be submitted to and determined by arbitration in the State of New York, County of New York, pursuant to the rules then obtaining of the American Arbitration Association, before a single arbitrator. The determination of the arbitrator shall be final, binding and conclusive upon all parties and may be enforced not only in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York, to which jurisdiction the parties hereto agree to submit, but in any court of competent jurisdiction. Notwithstanding the foregoing, any party hereto may seek interim or provisional equitable relief in a court specified in herein, prior to the commencement of an arbitration proceeding without waiving such party’s right to demand or proceed to arbitration herein, in order to enjoin the breach or threatened breach of any of the terms and provisions hereunder.

The arbitrator sitting in any dispute or controversy arising hereunder shall not have the authority or the power to modify or alter any express condition or provision of these Terms & Conditions to render an award which by its terms, has the effect of altering or modifying any express condition or provision of these Terms & Conditions, and the arbitrator’s failure to comply with this provision shall constitute grounds for vacating an award.

‍Class Action Waiver

‍You agree that any arbitration or proceeding shall be limited to the Claim between the Company and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

‍Severability

‍If any court of competent jurisdiction, arbitrator or arbitration panel finds any provision of these Terms & Conditions to be unenforceable, the remaining provisions shall be unimpaired, and the unenforceable provision shall be reformed without further action by the parties and only to the extent necessary to make such provision valid and enforceable to achieve the like fundamental benefits, effect and economic intent of such provision.

‍Miscellaneous‍

‍Revisions to these Terms & Conditions. The Company may revise these Terms & Conditions from time to time. Your continuing use of the Site and its services will indicate your acceptance of the revised Terms & Conditions in any event.

‍No Third-Party Beneficiary Rights. No person, firm, corporation, partnership, business, entity or business organization, except as specifically provided for herein, shall be deemed a third-party beneficiary under these Terms & Conditions. 

‍Waiver. Our failure to act on or enforce any provision of these Terms & Conditions shall not be construed as a waiver of that provision or any other provision in these Terms & Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. 

‍Entire Agreement. Except as expressly agreed by us and you in writing, these Terms & Conditions (which incorporates other policies such as the Privacy Policy) constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings herein are provided merely for convenience and shall not be given any legal import. 

‍Assignment.  You may not assign these Terms & Conditions, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express written permission of the Company which may be granted or withheld in the Company’s sole and absolute discretion. Any attempted assignment that does not comply with these Terms & Conditions shall be null and void.  The Company may assign its rights, benefits or obligations hereunder, in whole or in part, to any third-party in its sole discretion at any time.

‍Survival. Any provision of these Terms & Conditions which, by its nature, would survive termination or expiration of these Terms & Conditions will survive any such termination or expiration of these Terms & Conditions. These Terms & Conditions will insure to the benefit of our successors, assigns, licensees, and sublicensees.

‍Amendments Must Be In Writing. Except as otherwise provided herein, the Company shall not be bound by any amendment, supplement, cancellation or discharge of these Terms & Conditions except if the same is in writing and signed by an authorized officer of the Company. 

‍Force Majeure.  No liability (other than for the payment of money due) shall result to Company or any of its affiliates from any delay in performance or from non-performance caused by circumstances beyond the reasonable control of the Company, including but not limited to, acts of God, fire, flood, explosion, pandemic, epidemic, cyber-attack, war or terror, action or request of governmental authority, accident, labor trouble or shortage, or any other circumstances of a similar or different nature beyond the reasonable control of the Party affected.

Listing information for certain New York City properties is provided courtesy of the Real Estate Board of New York’s Residential Listing Service (RLS). The information in this listing has not been verified by the RLS and should be verified by the consumer. This information is for the consumer’s personal, non-commercial use. Retransmission, redistribution, or copying of this information is strictly prohibited except in connection with a consumer's consideration of a property purchase and/or sale. This listing information is not guaranteed for accuracy and may not reflect all real estate activity in the market. ©[2024] The Real Estate Board of New York, Inc., all rights reserved.  

‍Effective Date of Current Terms & Conditions: November 4, 2024.