2.) CITYREALTY's Services to You. CITYREALTY is a licensed real estate broker and uses the Internet to facilitate many aspects of the real estate transaction. In order to provide these real estate brokerage services, CITYREALTY provides other parties directly associated in the transaction (i.e. other real estate brokers and property owners) with access to certain information concerning your apartment needs. CITYREALTY works with other brokers to review your real estate needs and in so doing we will disclose information that you supply to us. Though CITYREALTY attempts to verify as much information as possible, we cannot guarantee the accuracy of any information submitted to you via CITYREALTY. CITYREALTY hereby disclaims any liability based on, but not limited to, the following:

• CITYREALTY has no fiduciary duties to you, including, without limitation, the obligation to inspect properties described on the Web Site or to verify the veracity of offers and other information contained in the Web Site.
  
• CITYREALTY makes no representations or endorsements regarding properties contained in the Web Site. All of the information, software and services provided through this Web Site are provided "as is," "as available," without warranty of any kind. CITYREALTY and/or its suppliers specifically disclaim any and all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  
• CITYREALTY is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Web Site.
  
• This Web Site may contain typographical errors or inaccuracies. All information furnished regarding property for sale, rental or financing is from sources deemed reliable, but no warranty or representation is made as to the accuracy thereof and same is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing or withdrawal without notice. All dimensions are approximate. For exact dimensions, you must hire your own architect or engineer.
  
• CITYREALTY may make changes to its products and/or services and this Web Site at any time and without notifying you or receiving your consent.
  
• CITYREALTY reserves the right to change the terms, conditions and notices under which this Web Site is offered to future users, without notification of you.
  
• While CITYREALTY complies with state and federal civil rights laws, CITYREALTY does not monitor transmissions of information by you, other real estate brokers, property owners and managers and thus assumes no liability for any party's failure to comply with such laws.

3.) Liability Disclaimer and Affirmative Release. CITYREALTY HEREBY DISCLAIMS ANY LIABILITY ARISING OUT OF OR RELATING TO THOSE SERVICES AND ACTIVITIES WHICH CITYREALTY HAS EXPRESSLY NOT UNDERTAKEN TO PROVIDE TO YOU. YOU HEREBY AGREE THAT IN NO EVENT SHALL CITYREALTY OR ITS AFFILIATES AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THIS WEB SITE. THIS AGREEMENT HAS LEGAL SIGNIFICANCE. BUYERS WITH QUESTIONS REGARDING SUCH SIGNIFICANCE ARE ENCOURAGED TO SEEK THE ADVICE OF AN ATTORNEY.

4.) User's Representations and Warranties. By using this Web Site, you hereby represent and warrant the following.

• You are of the legal age in your state of residence to make contracts and you therefore possess the authority to enter into this Agreement.
  
• All information supplied or to be supplied by you relating to this Web Site is and will be accurate.
  
• You consent to CITYREALTY giving your personal information to other recipients, subject to CITYREALTY's Privacy Policy.
  
• You agree that the services of this Web Site shall be used only to assist you in the purchase or rental of an apartment or other property, in accordance with the process CITYREALTY's Web Site presents, and that all information supplied by CITYREALTY to you is for you or for another person for whom you are legally authorized to act. You will not transmit any defamatory, obscene, trade libelous, threatening or harassing language.
  
• You will not use this Web Site to transmit property information to any other third party, except such third parties that may be involved in your real estate transaction (i.e. your lawyer, accountant, etc.).
  
• You understand that failure to abide by this Agreement may result in denial of access to this Web Site.
  
• You acknowledge and agree that CITYREALTY will refer you to a participating real estate broker for any transactions initiated via the CITYREALTY Web Site.
  
• You agree that no joint venture, partnership, or employment relationship exists between you and CITYREALTY as a result of this Agreement or use of this website.
  
• You are not a real estate agent or broker in New York State.

5.) Your Information. "Your Information" is defined as any information you provide to us or other users in the course of using this Web Site, including, but not limited to, any public message area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. CITYREALTY will only use Your Information in accordance with our Privacy Policy. With regard to Your Information, you promise that:

• You will not transmit to CITYREALTY any information containing any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You will not spam CITYREALTY's Web Site.
  
• You will do nothing to incur liability for CITYREALTY or cause CITYREALTY to lose (in whole or in part) the services of CITYREALTY's ISP's or other suppliers.
  
• Your Information shall not violate any law, statute, ordinance or regulation.
  
• Your Information shall not link to or include descriptions of goods or services that are prohibited under this Agreement or that you do not have a right to link to or include.

6.) Access to CITYREALTY's Internal Apartment Database. By registering with CITYREALTY, you agree that you are requesting access to CITYREALTY's internal database of properties only for the purpose of buying or renting an apartment via the process that CITYREALTY represents. This internal database is a private database and may include apartments from many sources and companies. You also agree that by completing this Agreement, you are requesting that CITYREALTY search other real estate websites (including those of licensed real estate brokers) and other sources such as real estate classifieds for apartment information on your behalf and to provide you with access to all such apartment information via the Web Site. Though CITYREALTY will use its best efforts to search for property information for you, you agree that CITYREALTY is under no obligation to perform such search nor is CITYREALTY responsible for verifying the accuracy of any such property information that may be included in the Web Site. All property information provided to you are for your own personal, non-commercial use. MANY OF THE APARTMENTS FOR SALE AND/OR RENT THAT ARE DESCRIBED ON THE WEB SITE ARE PROPERTIES IN WHICH CITYREALTY DOES NOT HAVE A LEGAL RELATIONSHIP WITH EITHER THE SELLER OR THE BROKER. WITHOUT LIMITATION TO THE FOREGOING, CITYREALTY.COM ORDINARILY DOES NOT MAINTAIN A RELATIONSHIP WITH EITHER THE APARTMENT OWNER OR THE LISTING BROKER. IT IS OUR INTENTION TO PROVIDE YOU WITH BUILDING SPECIFIC INFORMATION, OBTAINED PRIMARILY FROM PUBLIC SOURCES TO FACILITATE YOUR PURCHASE AND/OR RENTAL OF THE MOST SUITABLE APARTMENT FOR YOU WITH THE LEAST AMOUNT OF AGGRAVATION AND INCONVENIENCE ON AN EXPEDITED BASIS.

7.) Compliance with Federal and State Civil Rights Acts. CITYREALTY complies with state and federal civil rights laws, including the Fair Housing Act and the Americans with Disabilities Act. By using this Web Site you agree to comply with such acts and thus agree to avoid stating any preference based on race, color, national origin, religion, handicap or any other category. At other locations in this Web Site, CITYREALTY may remind you not to include information that is potentially actionable under such laws.

8.) Right to Refuse Service. CITYREALTY reserves the right to refuse service to anyone for any reason.

9.) Choice of Law. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND ANY APPLICABLE FEDERAL LAWS, WITHOUT GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES. ANY LEGAL ACTION OR PROCEEDING UNDER THIS AGREEMENT SHALL FIRST BE SUBJECT TO ARBITRATION. ANY DISPUTES BETWEEN BUYER AND BROKER AND/OR OWNER SHOULD BE HANDLED DIRECTLY BETWEEN BUYER AND BROKER AND/OR OWNER. ANY ARBITRATION SHALL TAKE PLACE IN NEW YORK, NEW YORK. ARBITRATION SHALL BE GOVERNED BY THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION SHALL BE THE SOLE REMEDY AVAILABLE TO BUYERS UNDER THIS AGREEMENT. CITYREALTY SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT UNDER ANY CIRCUMSTANCES WHATSOEVER.

10.) Severability. In the event that any provision of this Agreement is determined by a court to be invalid or otherwise unenforceable, such provision (or portion thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions.

WARNING:
REAL ESTATE AGENTS AND BROKERS MAY NOT REGISTER OR REPRESENT THEMSELVES AS BUYERS OR RENTERS ON CITYREALTY.COM. ANY REAL ESTATE AGENT OR BROKER VIOLATING THIS POLICY WILL BE IMMEDIATELY DELETED FROM CITYREALTY.COM, PROHIBITED FROM FUTURE USE OF CITYREALTY.COM, AND WILL BE SUBJECT TO FURTHER LEGAL AND ADMINISTRATIVE ACTION.