TERMS OF USE

Envision New York, LLC and affiliated and/or independent third party real estate brokers, property managers and other professionals participating in our network (collectively, “we” or “us”), through our website at www.ensision-ny.com (this “website”), offer services to you in reliance on your agreement to the following Terms of Use.  Your use of this website and/or the use of our services constitutes your acceptance of the following Terms of Use.  If you do not agree with these terms and conditions, you should immediately cease use of this website.

We allow users of this website to obtain information about our company and our principals and service providers.  We may ask you to supply us with information about yourself and your investment interests and objectives.  We will use this information for internal purposes and we will provide certain details on an anonymous or non-anonymous basis (depending on the particular transaction) to lenders and/or third parties who provide services to us.  You also agree to have the information you supply to us provided to potential sellers, real estate brokers and other third-party professionals we work with.

To assure the value of our services, you warrant that all of the information you have provided to us, whether online or otherwise, is accurate and complete.  We reserve the right to terminate or suspend access to any information provided that is alleged to be inaccurate or misleading.  If required by the terms of the service you request, you authorize us to forward your information to third party service providers and other parties according to these Terms of Use.

Featured Service Providers

From time to time we may include on our website third party services such as attorneys, accountants, surveyors, title companies, insurers, environmental companies, engineers, inspectors and other service providers.  We post these services on our website as a service to users who may be interested in such services.  We are not responsible for and make no warranty or representation as to the quality or performance of the goods and services offered.  We advise all users to review carefully each third party service offering prior to engaging with any third party service provider or purchasing goods from a third party.

Links to Third Party Websites; Third Party Services

You understand and agree that some of the real estate professionals and service providers who appear on this website or who may be referred by us through links or other methods are not affiliated with or employed by us.  Our website may contain links to websites maintained by such third parties.  Our inclusion of a link to a website does not imply a recommendation, approval or endorsement of the services or the website, its contents, or its sponsoring organization.  The links are provided for your convenience and reference only.  

We do not operate or control these websites or the information, content, software, products or services available on such third-party websites.  We are not responsible or liable for any acts or omissions created or performed by these third parties, or the content or data collection and privacy practices of such websites.  Their policies may be substantially different in this regard from us.  Accordingly, we recommend that you review their privacy and data collection policies before providing any information to such third parties.

Modification of Services

We reserve the right to modify or discontinue any service, or the availability or offering of any information, good, content, product or service, at any time with or without notice to you.  Your continued use of our website or any service after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes.  We shall not be liable to you or any third party if we exercise our right to modify or discontinue service.  

Your Obligations

By using our website or registering as a potential investor or real property buyer, you represent and warrant that: (i) you are of legal age and are otherwise capable of forming a legally binding contract; (ii) you are interested in purchasing real property located in the USA or abroad; (iii) you do not have an exclusive contractual or other arrangement with any real estate professional for the purchase of real property that would be violated by working with us; (iv) you agree to be contacted by us via email or other means, and by third parties for services you have requested; (v) we may request, receive, copy and review your financial information, other personal information, real property transaction and/or settlement documents; (vi) you represent that you are not a licensed realtor, real estate agent, salesperson or broker; and (vii) you acknowledge that we recommend that you hire your own attorneys, accountants and other advisors and perform your own due diligence and evaluation as we make no representations and/or warranties about any potential investment except as otherwise stated in the applicable transaction documentation.  

You are not bound to use or accept any proposals submitted to you.  Proposals are not binding offers and are not intended to create a contractual or agency relationship.  We disclaim any and all liability arising from and the accuracy of any endorsements or other information posted by any third parties.  It is your responsibility to evaluate the nature of any endorsement or other information posted on our website by third parties and to be aware that endorsements might not reflect the actual quality of service that you may receive from a third party.

Ownership and Use of Content

All of the information and other content on this website, including, but not limited to, all listing information, contracts, text, analyses, reports, articles, press releases, graphics, software applications, video and audio files and photos, trademarks, service marks and trade dress is owned or licensed by us.  All such content is protected worldwide by applicable intellectual property laws.  You may make and use printouts of such content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark, and other proprietary notices.  We reserve the right to terminate at any time your right to make personal copies of the content.  You may not copy, transmit, distribute, modify, publicly perform, reuse, sell or display any of the content for any public or commercial purpose except with our prior written consent or the owners of the content.  You may not use the content in any other website or in a network computer environment, including framing the content within another website.  Except for the limited use rights expressly provided in this paragraph, all rights in the content are reserved.

Copyright and Trade Mark Notices

All contents of the www.envision-ny.com website are the property of Envision New York, LLC, and/or its affiliates, and are protected by United States copyright laws.  Copyright © 2010, Envision New York, LLC, all rights reserved.  All other trademarks, service marks, trade names, logos and icons displayed on this website, registered or not, are the property of Envision New York, LLC or third parties.  Other materials, including video, sound recordings and images, on this website are a copyright of or proprietary to us or are used with the consent of the owner.  Except as otherwise specifically authorized by these Terms of Use, you are not authorized to make any other use of our marks, including, but not limited to, metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by us.

DISCLAIMERS AND LIMITATIONS

You expressly understand and agree that this website is a form of advertising.  We intend that the information contained on this website be accurate and reliable; however, errors sometimes occur.  In addition, we may make changes and improvements to the information provided herein at any time.

YOUR USE OF AND RELIANCE UPON ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND/OR CONTENT PROVIDED OR REFERRED TO YOU THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK AND THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT ASSOCIATED WITH IT ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

WE AND/OR OUR PARTNERS, AFFILIATES, MEMBERS, PARTICIPANTS, SUPPLIERS, SERVICE PROVIDERS, AGENTS AND REPRESENTATIVES MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT PROVIDED HEREIN, WEBSITE TRAFFIC, LEADS, E-MAILS OR STATISTICS, OR THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF OUR PROGRAMS, OUR NETWORK, OUR SERVICES AND/OR ANY CONTENT.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

WE AND/OR OUR PARTNERS, AFFILIATES, MEMBERS, PARTICIPANTS, SUPPLIERS, SERVICE PROVIDERS, AGENTS AND REPRESENTATIVES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST DATA OR LOST PROFITS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

As a condition of use of this website, you agree to indemnify us and our suppliers, distributors, service providers, affiliates and real estate professionals from and against any and all liabilities, expenses (including attorneys’ fees and costs) and damages arising out of claims resulting from your use of our services, including without limitation, any claims alleging facts that would constitute a breach by you of this agreement.  

Governing Law; Dispute Resolution

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflict of law principles thereof.  Any claim or controversy arising out of or relating to these Terms of Use or the use of the website, our network, our services or any third party services, or to any acts or omissions for which you may allege that we are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by a court in New York County, New York.  Under no circumstances may the venue be changed.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website, our services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Changes

We reserve the right to change the information and content on this website and these Terms and Conditions from time to time at any time without prior notice.  The changes may include superseding terms and conditions or specific notices.  YOU SHOULD REVIEW THESE TERMS AND CONDITIONS FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE.  Your continued use of this website constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Termination

We reserve the right in our sole discretion to terminate or restrict your use of all or any part of the website, without notice, for any or no reason, and without liability to you or anyone else.  The Terms and Conditions relating to ownership and use of content, indemnification, limitations of liability, warranty disclaimers, governing law and dispute resolution shall survive any termination.

Other Terms

If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All rights not expressly granted herein are reserved to us.