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Terms and Conditions
All users of the NYRentals.Com website (the "Website") hereby indicate that they have read, understand and agree to be bound by these Terms and Conditions. By using the Website, all users warrant and represent that they have the right, authority, and capacity to agree to and to abide by all these Terms and Conditions. NYRentals (the “Company”) reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. All changes will be posted to this page. The continued use of the Website after any such changes signifies acceptance of the new Terms of Use. Users who do not agree to abide by these or any future Terms and Conditions, shall not access or use the Website. NYRentals reserves the right to terminate a user’s account for any reason, at any time. It is the responsibility of all users to regularly review the Terms and Conditions of the Website.
Membership
NYRentals is a prepaid rental listing service in the business of supplying prospective tenants with listings for residential real estate properties in the states of New York, New Jersey, and Connecticut. NYRentals is committed to providing current rental listings to its Members. These Members may join NYRentals by paying the standard Membership fee. The standard Membership lasts for 60 days, but other types of Membership for a different price and different duration, such as a Membership renewal may be made available from time to time by NYRentals. Upon paying the Membership fee, Members are granted full access to the rental listings on the Website (the "listings").
Accuracy
NYRentals will always make an honest and careful effort to acquire accurate information from landlords and property agents. The greater portion of NYRentals listings is obtained by use of telephone; therefore, the description of these listings will reflect the information provided by the respective landlord or property agent. Accordingly, NYRentals cannot be responsible for the accuracy of its property descriptions or conditions. Specifically, due to the nature of the rental market, all listings are subject to prior rental. NYRentals promises, however, to make every good faith effort possible to ensure the accuracy of the listings on the Website. NYRentals also promises to make every good faith effort possible to ensure that only current and up-to-date listings are provided to its Members.
Confidentiality
All Members of NYRentals agree to keep the listings and other information on the Website absolutely confidential and not to share or disclose their Membership login information with any person or entity for any purpose. Members may use the listings for the purpose of locating housing for their individual and personal use, but may not use the listings for any other purpose including, but not limited to, soliciting property management, scraping listings, or real estate investment business without the written consent of the Company. Members further agree that the information on the Website is proprietary to NYRentals and that any misuse of the information is a breach of this agreement as well as a violation of New York law governing trade secrets; misuse is subject to prosecution by government authorities and monetary recovery of damages by NYRentals. NYRentals maintains the right to suspend, disable or terminate any member account for suspicious usage activity, including concurrent login sessions, group usage, usage from a range or variety of IP addresses, suspected non-personal use, corporate use as well as abnormally high usage levels. NYRentals is the exclusive arbiter of types of usage that is deemed to be suspicious and warrants account suspension, disablement, or termination.
Fair Housing Act Notice
All listings on the Website are subject to the federal and New York fair housing laws which make it illegal to indicate in any advertisement any preference, limitation, or discrimination because of race, color, religion, sex, physical or mental disability, familial status, sexual orientation, ancestry, marital status, or source of income. Local jurisdictions may impose additional requirements.
Contract and Receipt
NYRentals is owned and operated by The Devine Company, LLC and LinkURealty.Com. Members who join NYRentals will have tendered a fee for Membership. Members who join will have also agreed to a Membership contract (the “Contract”) using a binding digital signature. It is agreed that the Contract constitutes full and complete payment for services described in the Contract. NYRentals does not promise that its Members will enter into an agreement for the rental of a listing. It is agreed that the service provided by NYRentals to its Members is limited to providing information regarding residential units reasonably believed to be available for rental.
Member Conduct
Members of NYRentals (the “Members”) may have the ability to send messages to landlords and property agents while using the Website. Members agree to not transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law. Members also agree to not transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right.
Lister Conduct
All landlords and property owners (the “Listers”) who submit their listings to NYRentals understand that the Website is available for the specific uses of advertising vacancies and communicating with prospective tenants. Listers agree that no materials of any kind submitted will violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. Listers further agree not to harvest or collect email addresses or other contact information of Members from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, Listers agree not to use automated scripts to collect information from the Website or for any other purpose. Listers further agree that they may not use NYRentals in any unlawful manner or in any other manner that could damage, disable, overburden or impair NYRentals. In addition, Listers agree not to use the Website to:
• upload, post, email, transmit or otherwise make available any content that may be deemed by NYRentals to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• use or attempt to use a member’s account, service or system without authorization from NYRentals, or create a false identity on the website.
Intellectual Property
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (the "Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to NYRentals, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided AS IS for informational use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of NYRentals. NYRentals reserves all rights not expressly granted in and to the Website and the Content. All Members and Listers agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
The "look and feel" of the Website, meaning, the structure, sequence and layout of the audiovisual components of the Website including, but not limited to, the color combinations, button shapes, logos, and all other graphical and navigational elements, are also proprietary to NYRentals and fully protected under U.S. and international intellectual property laws.
Third Party Websites and Links
The Website may contain links to third party websites that are not owned or controlled by NYRentals. NYRentals is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by NYRentals. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
Privacy
NYRentals cares about the privacy of its Members. Its privacy policy is available at www.nyrentals.com/default.asp_Q_f_E_cpg_A_pg_E_PrivacyPolicy.
Disclaimers
NYRentals is not responsible for any incorrect or inaccurate content posted on the Website, whether caused by Members, Listers, or any other users of the Website, or by any of the equipment or programming associated with or utilized in the operation or creation of the Website. NYRentals is not responsible for the conduct, whether online or offline, of any user of the Website. The Website may be temporarily unavailable from time to time for maintenance or other reasons. NYRentals is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will NYRentals be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND NYRENTALS DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NYRENTALS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NYRENTALS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF NYRENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NYRENTALS' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NYRENTALS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Governing Law and Venue
If there is any dispute about or involving the Website and/or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Los Angeles County, California and waive all defenses of lack of personal jurisdiction and forum non conveniens. Any cause of action by you with respect to the Website and/or NYRentals must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Indemnity
You agree to indemnify and hold NYRentals, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website in violation of these Terms and Conditions or your violation of any law or the rights of a third party.
Other
These Terms and Conditions constitute the entire agreement between you and NYRentals regarding the use of the Website, superseding any prior agreements between you and NYRentals relating to your use of the Website. The failure of NYRentals to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue in full force and effect.
Questions
Please contact info@nyrentals.com with any questions regarding these Terms and Conditions.
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