Manhattan Apartments & Lofts of New York City - RESMLS

RESMLS, INC. (the “Website”) Terms of Use and Notices

Dated: May, 2005

1. USE OF THIS WEBSITE IS A CONTRACTUAL AGREEMENT BETWEEN YOU AND RESMLS, Inc.

This is an agreement ("Agreement") between you and RESMLS, Inc. (or, if applicable based on where you live, one of its affiliates) ("RESMLS"). This Agreement governs your use of any Web site or Web page operated by RESMLS, Inc. (each, a "RESMLS website," and collectively, the "RESMLS Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

RESMLS OFFERS THE RESMLS WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE RESMLS WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW RESMLS MAY MODIFY THIS AGREEMENT

RESMLS reserves the right to change the terms, conditions, and notices under which it offers the RESMLS Web Sites, including any charges associated with the use of the RESMLS Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any RESMLS Web Site. Your continued use of the RESMLS Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes. Notwithstanding the above, no changes will be made to your subscription rate for any RESMLS service without your express authorization.

3. ADDITIONAL TERMS

Any RESMLS Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that RESMLS Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a RESMLS Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE RESMLS WEB SITES

The RESMLS Web Sites are only for your personal use. You will not use the RESMLS Web Sites for commercial purposes, except as expressly permitted by your subscription package. You will not use the RESMLS Web Sites in any way that is unlawful, or harms RESMLS, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "RESMLS Party" and collectively, the "RESMLS Parties") or any customer of a RESMLS Party, as determined in RESMLS's sole discretion. RESMLS may tell you about certain specific harmful uses in a code of conduct or other notices available through a RESMLS Web Site, but has no obligation to do so. You may not use the RESMLS Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the RESMLS Web Sites. Without limiting the generality of this section, you may not use the RESMLS Web Sites in any manner that could damage, disable, overburden, or impair any RESMLS Web Site (or the network(s) connected to any RESMLS Web Site) or interfere with any other party's use and enjoyment of the RESMLS Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the RESMLS Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the RESMLS Web Sites in any way that violates Federal Anti-Spam Law. RESMLS may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the RESMLS Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the RESMLS Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to RESMLS related to the RESMLS Web Sites (a "Submission"), you grant RESMLS permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the RESMLS Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. RESMLS will not pay you for your Submission. RESMLS may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to facilitate the transaction. You further represent that the information contained in any posting or transmission to an RESMLS Web Site is accurate to the best of your knowledge, information, and belief. You agree to promptly correct any inaccuracies and to remove any outdated listings. To the maximum extent permitted by applicable law, RESMLS may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the RESMLS Parties or any customer of a RESMLS Party.

7. SOFTWARE

Your use of any software associated with the RESMLS Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then RESMLS grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the RESMLS Web Sites and in accordance with this Agreement. RESMLS reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. RESMLS or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. RESMLS may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the RESMLS Web Sites.

8. INFORMATION AVAILABLE FROM THE RESMLS WEB SITES

RESMLS and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the RESMLS Web Sites including price quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the RESMLS Web Sites. Real estate data is the responsibility of the poster alone and RESMLS disclaims any responsibility for information contained within listings. RESMLS and its suppliers do not authorize the use of information available from the RESMLS Web Sites, for any purpose other than your personal use or otherwise provided in your subscription package, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. RESMLS is not a broker/dealer, agent or registered realtor within the laws of other jurisdictions, and does not advise individuals as to the advisability of entering into any real estate contracts. RESMLS does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the RESMLS Web Sites is intended to constitute professional advice.

9. RESMLS MAKES NO WARRANTY

RESMLS PROVIDES THE RESMLS WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RESMLS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE RESMLS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE RESMLS WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY RESMLS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE RESMLS WEB SITES, EVEN IF SUCH RESMLS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE RESMLS WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY RESMLS PARTY WITH RESPECT TO THIS AGREEMENT OR THE RESMLS WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RESMLS WEB SITES.

11. CHANGES TO THE RESMLS WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE RESMLS PARTIES MAY CHANGE THE RESMLS WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the RESMLS Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by RESMLS and persons other than RESMLS (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE RESMLS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT RESMLS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE RESMLS WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE RESMLS WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE RESMLS WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE RESMLS WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

RESMLS may terminate this Agreement, or terminate or suspend your access to the RESMLS Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the RESMLS Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE RESMLS WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with RESMLS Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. If this Agreement is with a RESMLS affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such RESMLS affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject RESMLS Web Sites are directed. If this Agreement is with RESMLS Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York, USA in all disputes arising out of or relating to the use of the RESMLS Web Sites. If this Agreement is with a RESMLS affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such RESMLS affiliate in all disputes arising out of or relating to the use of the RESMLS Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. RESMLS may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the RESMLS Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and RESMLS with respect to the RESMLS Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and RESMLS with respect to the RESMLS Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND RESMLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE RESMLS WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the RESMLS Web Sites are Copyright © 2005 RESMLS, Inc. and/or its suppliers. All rights reserved. RESMLS, RESMLS, RESMLS logo, and/or other RESMLS products and services referenced herein may also be either trademarks or registered trademarks of RESMLS in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain RESMLS Web Sites servers is based in part on the work of the Diverse Computer Group.

Third Party Account Information

You authorize RESMLS and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint RESMLS and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting RESMLS and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.

17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

19. PRIVACY POLICY INFORMATION

No information provided to RESMLS through the registration process will be shared with third parties for marketing purposes, except with your specific consent or request. Registration data may be shared with third parties for the purpose of statistical usage information and other compilations.

20. ADDRESS FOR NOTICES

RESMLS, Inc. 250 West 50th St Suite 27-H New York, NY 10019

21. SUBSCRIPTION CANCELLATION

Subscriptions shall be for the term of 30 days. Subscriptions cannot be pro-rated. Upon cancellation, no refunds will be given for unused portions of a subscription. When you cancel your subscription you are relinquishing your right to all web site subscription benefits and privileges of this web site upon expiration of the active subscription term. Cancellation requests via email will be processed within 24-48 hours. If you do not recieve confirmation of your cancellation request via email within 24-48, you must send the request via certified or registered mail. Cancellation requests via certified or registered mail will be processed when received at the address below:

Mailling Address:
RESMLS, Inc. Cancellation Dept. 250 West 50th St Suite 27-H New York, NY 10019

Click here to Cancel My Account via the online form.

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