Terms of Use

TERMS OF USE AGREEMENT

By visiting or using the CityRealty web site or any page of the CityRealty web site or related services, you are agreeing to be bound by these terms of use and that such agreement consitutes a binding contract between you and CityRealty. If you do not wish to be bound by these terms of use, please do not visit or use the CityRealty web site or any page of the CityRealty web site or related services.

Furthermore, by using the CityRealty web site, you acknowlege that CityRealty is a real estate broker and aids and assists buyers, renters, property owners and other real estate brokers in buying, selling and renting real estate.

General Policies:

Introduction

CityRealty and/or its partners (together referred to as "CityRealty") operate this Web site and associated Web pages and services. For the purposes of these Terms of Use, CityRealty refers to this site and its related services as the "CityRealty Web Site."

CityRealty offers you access to the CityRealty Web Site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated herein and as may be modified by CityRealty from time-to-time. CityRealty refers to these terms, conditions and notices, whether modified or unmodified, as the "Agreement" or as the "Terms of Use." CityRealty reserves the right, in its sole discretion, to modify this Agreement and/or the CityRealty Web Site without providing notification. You are responsible for regularly reviewing this Agreement. Your use of the CityRealty Web Site following any posted change(s) to the Terms of Use will be deemed an acceptance of such change(s).

In addition, when using particular services or features of the CityRealty Web Site, you shall be subject to any posted guidelines or rules applicable to such services or features, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use.

NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS - These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

  1. Except where we specify otherwise, and subject to the limitations set forth herein, CityRealty grants you a limited, non-exclusive license to access and use the CityRealty Web Site, provided that: (a) if you are a potential or actual buyer, renter or seller of an individual property and/or apartment (with a bona fide interest in the purchase, sale and/or lease of the type of real estate being offered via the CityRealty Web Site), access to the CityRealty Web Site is used solely for your personal, internal, non-commercial purposes and; (b) if you are a property owner / manager or a broker representing a property owner, access to the CityRealty Web Site is used only for the purposes of renting, buying or selling property owned by said property owner. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of CityRealty. You promise that you will not use the CityRealty Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are expressly licensed by CityRealty.
  2. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any pages, information, software, lists of users, databases or other lists, content, material, products or services provided through or obtained from the CityRealty Web Site, or any portion thereof. You agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of properties, users or other information. You agree that you will not use the CityRealty Web Site in any manner, which could damage, disable, overburden, or impair the CityRealty Web Site or interfere with any other party's use and enjoyment of the CityRealty Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CityRealty Web Site.
  3. Except with the written permission of CityRealty, you agree that you will not access or attempt to access password protected, secure or non-public areas of the CityRealty Web Site. Unauthorized individuals attempting to access prohibited areas of the CityRealty Web Site may be subject to prosecution.
  4. Except with the advanced, written permission of CityRealty, you agree that you will not create links from any Web site or Web page to any page within the CityRealty Web Site with the exception, subject to the conditions of this section, of the CityRealty Web Site homepage located at www.CityRealty.com (the "CityRealty Web Site homepage"). The origin of any such link to the CityRealty Web Site homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the CityRealty Web Site. For example, prominently positioning the "CityRealty" name such that there is clear association between the name and the destination of the link is acceptable. However, you agree that you will not juxtapose the "CityRealty" name or link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between CityRealty, on the one hand, and you or any other person or entity, on the other hand. You agree that if CityRealty, in its sole and unfettered discretion, requests in writing that you remove any links to the CityRealty Web Site, including without limitation the CityRealty Web Site homepage, you will promptly do so. You agree that you will not employ any technology that results in the placement of content from the CityRealty Web Site in a frame and/or a reduced browser window or pop-up window and/or any other display mechanism that changes the CityRealty Web Site from how they would appear if a user accessed the CityRealty Web Site by typing its URL into the location bar of a typical Web browser program.
  5. You agree that CityRealty may in its sole discretion and at any time terminate your access to and use of the CityRealty Web Site, or any part thereof, with or without notice.
  6. In order for you to participate in certain services that CityRealty provides through the CityRealty Web Site, CityRealty will require that you register and provide specific information about yourself (the "CityRealty Solicited Information"). If you choose to register and to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. CityRealty is committed to maintaining the privacy and security of any and all such information that you provide to CityRealty through the CityRealty Web Site. To that end, CityRealty urges you to review the CityRealty Privacy Policy which may be accessed by clicking on the following link: CityRealty Privacy Policy. The CityRealty Privacy Policy is incorporated by reference into these Terms of Use.
  7. If you choose to register, you must be eighteen (18) years of age or older and you may not share your password with anyone else. Any use of the CityRealty Website with your username and password will be deemed as being used by you. CityRealty is entitled to rely on the contact and other information that is supplied to us through your registration. Your registration is non-transferable and non-assignable. By agreeing to these Terms, you acknowledge that you are entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive and you are not obligated to work with CityRealty.
  8. By registering with the CityRealty website or otherwise contacting CityRealty, you consent to receiving emails, telephone calls and/or faxes from CityRealty. You must always provide accurate, current and complete information to CityRealty when registering.
  9. If you hold any type of real estate license, including but not limited to a brokers, associate brokers or salespersons license, you must inform us during registration. We authorize the Real Estate Board of New York ("REBNY") and/or REBNY Listing Service ("RLS") brokers (and each of their duly authorized representatives) to access the CityRealty Website for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between CityRealty and REBNY, or any other applicable RLS rules or policies. We reserve the right to deny or terminate access to any real estate broker, salesperson, agent, or similar state licensed real estate professional ("Real Estate Agent") except to the extent such Real Estate Agent is accessing the CityRealty Website for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including without limitation advertising our property listings, copying our content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the CityRealty Website. You hereby acknowledge that the property listing data supplied by RLS is owned by RLS and/or the respective brokers such listing data to RLS and you further acknowledge the validity of their respective copyrights to such listing data.
  10. The CityRealty Web Site includes a number of venues such as user profiles, user comments, calendars and/or other message or communication facilities designed to enable you to share your thoughts, opinions and other content with other members of the public ("Your Publicly Posted Information"). Since CityRealty firmly believes in the value of free and open exchanges, it generally does not, and is under no obligation to, monitor, pre-screen, or otherwise censor Your Publicly Posted Information. Therefore, CityRealty cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon. Always use caution when posting any personally identifying information about yourself or your children on the CityRealty Web Site. You promise that you will not use the CityRealty Web Site to:
    1. post, upload or otherwise transmit any content not related to appropriate subject matters;
    2. post, upload or otherwise transmit any content which is misleading to others, including consumers;
    3. post, upload or otherwise transmit any content that actually harms, or has the possibility of harming, minors in any way;
    4. post, upload or otherwise transmit any content that contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability or sexual orientation;
    5. post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    6. post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
    7. post, upload or otherwise transmit any content that constitutes the infringement of any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
    8. post, upload or otherwise transmit any materials that contain 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;
    9. post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
    10. disrupt the ordinary flow and operation of any portion of the CityRealty Web Site, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
    11. interfere with or disrupt the CityRealty Web Site or any server or network involved with the operation thereof;
    12. forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted though or on the CityRealty Web Site;
    13. collect or "harvest" from the CityRealty Web Site the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; or
    14. intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
    15. use any Content in violation of the rules of Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any other federal, state or local law or regulation;
  11. By posting content to the CityRealty Web Site, you grant CityRealty and its affiliates a non-exclusive, worldwide, royalty-free, perpetual license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through Web sites controlled by CityRealty, including but not limited to the CityRealty Web Site, and co-branded or mirrored versions of such sites, and in CityRealty's promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
  12. You acknowledge that while CityRealty generally does not pre-screen content posted by you to the CityRealty Web Site, CityRealty and its designees shall have the right (but not the obligation) in their sole discretion to monitor, review, refuse or remove any content that is posted by you or any other party to the CityRealty Web Site. Without limiting the foregoing, CityRealty and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the CityRealty Web Site at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the CityRealty Web Site, including any reliance on the accuracy, completeness, or usefulness of such content.
  13. CityRealty reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
  14. By posting, uploading, inputting, providing or submitting content to the CityRealty Web Site, you warrant and represent that you own, license or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content. Furthermore, you hereby represent and warrant that you have the right (and have obtained any and all rights, licenses, permissions, releases, approvals, clearances and credit or attribution information, and made any payment of all royalties, license or reuse fees, and any other payments necessary) to cause the content you submit to be reproduced, converted, digitized, transmitted, distributed, publicly performed and displayed, published and otherwise used in accordance with this license and that such activities, whether done by you or CityRealty or its affiliates and/or agents, shall not infringe any third party rights.
  15. You agree to indemnify, defend and hold harmless CityRealty, its employees, directors, partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your use of the CityRealty Web Site, the content you submit to the CityRealty Web Site or your violation of this Agreement.
  16. All materials provided on the CityRealty Web Site, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the "Materials"), and the selection, arrangement and display thereof, are the copyrighted works of CityRealty and/or its vendors, suppliers or licensors. All Materials are proprietary to CityRealty or its licensors and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of CityRealty.
  17. 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.
  18. 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.
  19. 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.
  20. By using the CityRealty Website, you agree to indemnify, defend and hold harmless CityRealty and the Real Estate Board of New York from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through the CityRealty Website; (2) your use of or connection to the Website; (3) your violation of these Terms; or (4) your violation of any rights of another.
  21. 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.

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Trademarks

The trademarks, trade names and service marks (the "Marks") displayed on the CityRealty Web Site are the property of CityRealty or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of CityRealty or such third party which may own the Mark. The following list of Marks owned by CityRealty is not exhaustive, and CityRealty may own other Marks not included here: CityRealty, CityRealty.com, CityRealty Smart Match, and "The Marketplace for New York City Real Estate".

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Compliance with Laws; Export Controls

You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

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Devices

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the CityRealty Web Site or any property information, offer or transaction being conducted on the CityRealty Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

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No Unlawful or Prohibited Use

As a condition of your use of the CityRealty Web Site, you warrant to CityRealty that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use the CityRealty Web Site in any way prohibited by these terms, conditions and notices.

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Links to Third-Party Websites

The CityRealty Web Site may contain links to Web sites operated by parties other than CityRealty. Such hyperlinks are provided for reference only. CityRealty does not control such Web sites and is not responsible for their contents. CityRealty's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access any of the third party sites linked to the CityRealty Web Site, you do so entirely at your own risk.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CITYREALTY WEB SITE IS AT YOUR OWN RISK. THE CITYREALTY WEB SITE AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE CITYREALTY WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CITYREALTY EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, 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 AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CITYREALTY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

CITYREALTY MAKES NO WARRANTY THAT (I) THE CITYREALTY WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE CITYREALTY WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CITYREALTY WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CITYREALTY WEB SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE CITYREALTY WEB SITE WILL BE CORRECTED. CITYREALTY WILL NOT BE LIABLE FOR ANY FAILURE, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE CITYREALTY WEB SITE, OR FOR THE INCOMPATIBILITY BETWEEN THE CITYREALTY WEB SITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL CITYREALTY BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND CITYREALTY'S CONTROL.

ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CITYREALTY WEB SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE CITYREALTY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CITYREALTY, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CITYREALTY WEB SITE AT ANY TIME. ALTHOUGH CITYREALTY HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE CITYREALTY WEB SITE, CITYREALTY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CITYREALTY OR THROUGH OR FROM THE CITYREALTY WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. 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. SUCH INFORMATION MAY CONTAIN ERRORS OR OMISSIONS MAY BE SUBJECT TO 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.

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Limitation on Liability

NEITHER THE REAL ESTATE BOARD OF NEW YORK, CITYREALTY NOR ANY OF ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS WILL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE CITYREALTY WEB SITE OR ANY CITYREALTY PRODUCT OR SERVICE, OR DAMAGES FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENT ON THE CITYREALTY WEB SITE, EVEN IF CITYREALTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PART OF THE CITYREALTY WEB SITE, OR WITH ANY PORTION OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CITYREALTY WEB SITE.

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Modification of the CityRealty Web Site

CityRealty (and/or its suppliers) reserves the right in its sole discretion to improve, modify, add to or remove any information or content appearing on the CityRealty Web Site. CityRealty may discontinue or revise any or all aspects of the CityRealty Web Site in its sole discretion and without prior notice.

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International Users

CityRealty encourages users from around the world to use the CityRealty Web Site. However, if you choose to use the CityRealty Web Site, you understand, acknowledge and agree that your use thereof is governed by these Terms of Use and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the CityRealty Web Site in a jurisdiction that prohibits or restricts such use, you agree that your use will be at your own risk, without limitation of any other provision of the Terms of Use, and that CityRealty shall not have any liability with respect to such use.

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General

CityRealty respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CityRealty's Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the CityRealty Web Site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CityRealty's Copyright Agent for Notice of claims of copyright infringement on the CityRealty Web Site is [email protected]

Or send a letter detailing the above information to:

CityRealty.com, LLC
275 Seventh Avenue, 20th Floor
New York, NY 10001
Phone: (212) 755-5544
Facsimile: 212.755.5545

This agreement is governed by the laws of the State of New York, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, in all disputes arising out of or relating to the CityRealty Web Site. Use of the CityRealty Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 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 the CityRealty Web Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any part of this Agreement is 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 the Agreement shall continue in effect.

You agree that no joint venture, partnership, or employment relationship exists between you and CityRealty as a result of this Agreement or use of the CityRealty Web Site. This Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CityRealty's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CityRealty Web Site or information provided to or gathered by CityRealty with respect to such use.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and CityRealty with respect to the CityRealty Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CityRealty with respect to the CityRealty Web Site. A printed version of this Agreement 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.

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Equal Housing Opportunity: The CityRealty Policy

Property owners and managers and their brokers are subject to the federal Fair Housing Act, which prohibits "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."

CityRealty supports Equal Housing Opportunity and we encourage users of our site to follow appropriate guidelines to comply with both the Federal Housing Act, as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis.

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Broker's, Property Owner's, and Manager's Responsibilities

As a property owner or manager you have a responsibility and a requirement under the law not to discriminate in the rental of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct your agent to convey on your behalf any limitations in the rental because your agent is bound by law not to discriminate. Agents in a rental transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the property owner or manager to act in a discriminatory manner in the lease or rental. Moreover, a property owner or manager cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.

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Buyer's & Renter's Rights

As someone seeking to buy or rent an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.

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The Law Civil Rights Act of 1866

The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.

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The Fair Housing Act

The Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

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Americans with Disabilities Act

Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.

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The Equal Credit Opportunity Act

The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program.

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State and Local Laws

State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

IF YOU SUSPECT DISCRIMINATION: Call the U.S. Department of Housing and Urban Development. Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD's toll free number, 1-800-699-9777 (voice), or 1-800-543-8294 (TDD). You can contact HUD on the Internet at http://www.hud.gov/.

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Effective: January 1, 2011.

NEW YORK CUSTOMERS:
New York State Disclosure Form for Buyers and Sellers

THIS IS NOT A CONTRACT

New York State law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents.

Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate.

If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

SELLER'S AGENT

A seller's agent is an agent who is engaged by a seller to represent the seller's interests. The seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller. A seller's agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller's agent does not represent the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

BUYER'S AGENT

A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interests. The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer's agent does not represent the interest of the seller. The obligations of a buyer's agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer's ability and/or willingness to perform a contract to acquire seller's property that are not inconsistent with the agent's fiduciary duties to the buyer.

BROKER'S AGENT

A broker's agent is an agent that cooperates or is engaged by a listing agent or a buyer's agent (but does not work for the same firm as the listing agent or buyer's agent) to assist the listing agent or buyer's agent in locating a property to sell or buy, respectively, for the listing agent's seller or the buyer agent's buyer. The broker's agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker's agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker's agent. The listing agent or buyer's agent do provide direction and instruction to the broker's agent and therefore the listing agent or buyer's agent will have liability for the acts of the broker's agent.

DUAL AGENT

A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.

DUAL AGENT WITH DESIGNATED SALES AGENTS

If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer's agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller's agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form.

This form was provided to me by CityRealty Real Estate, a licensed real estate broker acting in the interest of the:

( ) Seller as a (check relationship below) (X) Buyer as a (check relationship below)

( ) Seller's agent (X) Buyer's agent

( ) Broker's agent ( ) Broker's agent

( ) Dual agent

( ) Dual agent with designated sales agent

If dual agent with designated sales agents is indicated above:______ is appointed to represent the buyer; and ______ is appointed to represent the seller in this transaction.

I/We acknowledge receipt of a copy of this disclosure form:

Electronic signature of {X} Buyer(s) and/or { } Seller(s)

New York State Buyer and Seller Disclosure Form 

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NEW YORK CUSTOMERS:
New York State Disclosure Form for Landlord and Tenant

THIS IS NOT A CONTRACT

New York State law requires real estate licensees who are acting as agents of landlords and tenants of real property to advise the potential landlords and tenants with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents.

Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate.

If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

LANDLORD'S AGENT

A landlord's agent is an agent who is engaged by a landlord to represent the landlord's interest. The landlord's agent does this by securing a tenant for the landlord's apartment or house at a rent and on terms acceptable to the landlord. A landlord's agent has, without limitation, the following fiduciary duties to the landlord: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A landlord's agent does not represent the interests of the tenant. The obligations of a landlord's agent are also subject to any specific provisions set forth in an agreement between the agent and the landlord. In dealings with the tenant, a landlord's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

TENANT'S AGENT

A tenant's agent is an agent who is engaged by a tenant to represent the tenant's interest. The tenant's agent does this by negotiating the rental or lease of an apartment or house at a rent and on terms acceptable to the tenant. A tenant's agent has, without limitation, the following fiduciary duties to the tenant: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A tenant's agent does not represent the interest of the landlord. The obligations of a tenant's agent are also subject to any specific provisions set forth in an agreement between the agent and the tenant. In dealings with the landlord, a tenant's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the tenant's ability and/or willingness to perform a contract to rent or lease landlord's property that are not consistent with the agent's fiduciary duties to the buyer.

BROKER'S AGENT

A broker's agent is an agent that cooperates or is engaged by a listing agent or a tenant's agent (but does not work for the same firm as the listing agent or tenant's agent) to assist the listing agent or tenant's agent in locating a property to rent or lease for the listing agent's landlord or the tenant agent's tenant. The broker's agent does not have a direct relationship with the tenant or landlord and the tenant or landlord can not provide instructions or direction directly to the broker's agent. The tenant and the landlord therefore do not have vicarious liability for the acts of the broker's agent. The listing agent or tenant's agent do provide direction and instruction to the broker's agent and therefore the listing agent or tenant's agent will have liability for the acts of the broker's agent.

DUAL AGENT

A real estate broker may represent both the tenant and the landlord if both the tenant and landlord give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the landlord and the tenant. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the tenant and landlord. An agent acting as a dual agent must explain carefully to both the landlord and tenant that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the landlord and tenant are giving up their right to undivided loyalty. A landlord and tenant should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A landlord or tenant may provide advance informed consent to dual agency by indicating the same on this form.

DUAL AGENT WITH DESIGNATED SALES AGENTS

If the tenant and the landlord provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the tenant and another sales agent to represent the landlord. A sales agent works under the supervision of the real estate broker. With the informed consent in writing of the tenant and the landlord, the designated sales agent for the tenant will function as the tenant's agent representing the interests of and advocating on behalf of the tenant and the designated sales agent for the landlord will function as the landlord's agent representing the interests of and advocating on behalf of the landlord in the negotiations between the tenant and the landlord. A designated sales agent cannot provide the full range of fiduciary duties to the landlord or tenant. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A landlord or tenant should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A landlord or tenant may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form.

This form was provided to me by CityRealty Real Estate, a licensed real estate broker acting in the interest of the:

( ) Landlord as a (check relationship below) ( ) Tenant as a (check relationship below)

( ) Landlord's agent ( ) Tenant's agent

( ) Broker's agent ( ) Broker's agent

( ) Dual agent

( ) Dual agent with designated sales agent

If dual agent with designated sales agents is indicated above:______ is appointed to represent the tenant; and ______ is appointed to represent the seller in this transaction.

I/We acknowledge receipt of a copy of this disclosure form:

Electronic signature of {X} Landlord(s) and/or { } Tenant(s)

New York State Landlord and Tenant Disclosure Form 

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