THESE TERMS AND CONDITIONS OF SERVICE (“Terms”) are a LEGAL and BINDING AGREEMENT between YOU and LandlordsNY, LLC (“Company”) governing your use of this website, https://www.landlordsny.com (the “Website”) and/or any of Company’s social media websites, apps and/or platforms (“Social Media Sites”). As used in these Terms, the word “Sites” shall include Company’s Website and Social Media Sites. Please review these terms fully before you continue to use the Sites. BY ACCESSING AND/OR USING ANY OF COMPANY’S SITES, YOU AGREE TO BE BOUND BY THESE TERMS. You are also bound to any additional terms, conditions and disclaimers that may be posted with respect to individual sections of any of the Sites. The additional terms and conditions include without limitation Company’s Privacy Policy (the “Privacy Policy”). In addition, you agree to be bound by the terms and conditions, privacy and/or other policies of any of the social media sites and platforms (the “Social Media Platform Rules”) on which Company’s Social Media Sites reside.

Sites Content and User Content

The Sites including without limitation their operating source code, functionality and look and feel are owned and operated by Company. Company owns and/or licenses all of the Content that is featured, displayed, or contained on Company’s Sites including without limitation advertisements, still images, graphic designs, text, descriptions of apartments and real estate, videos and all other information whatsoever in any and every format now existing or that may be created in the future including without limitation text, graphic designs, still images, videos, audio and multimedia (collectively, the “Content”), including User Content. “User Content” means all information, posts, comments, behavioral data and narratives that you or any other user of the Sites posts, submits, or otherwise transmits and/or uploads to any of the Sites.

Your access to (and use of) the Sites, all Content, and all products and/or services of the Company (regardless of media) is subject to the terms, conditions, and disclaimers set forth in these Terms, and to all applicable laws and regulations.

By submitting any User Content and/or your name, screen name, handle, telephone number, email address, physical address, social media usernames and passwords, and/or any other personally identifiable information to the Sites, you represent and warrant to Company as follows: you own the full and exclusive right to utilize and license any and all User Content; such User Content does not infringe the copyright and other intellectual property right or other right of any party; and none of the User Content that you directly or indirectly post, submit or otherwise transmit and/or upload to any of Company’s Sites shall be subject to any obligation on the part of Company, whatsoever, including without limitation confidentiality, attribution or otherwise. Company shall not be liable whatsoever for any use or disclosure of any User Content, whether intentional, inadvertent, resulting from hacking or otherwise. You agree to assume full and sole responsibility for any and all User Content that you directly or indirectly post, submit or otherwise transmit and/or upload to any of Company’s Sites. You agree to maintain any and all copyright trademark and/or other proprietary or other notices embedded in or attached to any User Content that you directly or indirectly post, submit or otherwise transmit and/or upload to any of Company’s Sites. You hereby automatically and immediately grant to Company a fully-paid, non-exclusive, royalty-free, worldwide, sub-licensable, perpetual, irrevocable license to use, post, edit, modify, redact, advertise, promote, host, cache, copy, display, transmit, upload, transfer, control, download, record and/or otherwise deal with or exploit such User Content for any and all purposes whatsoever. You agree that neither you nor any other party shall be entitled to receive any payment, royalty, license fee and/or remuneration for Company’s exercise or non-exercise of its rights under such license.

Requirements to Use and Access the Sites

You are solely responsible for any and all acts and omissions that occur during or relating to your use of Company’s Sites. You agree not to engage in use of the Sites that is unacceptable or illegal, as determined by the Company in its sole and absolute discretion. Specifically, and without limitation, you agree not to do any of the following things:

  1. Directly or indirectly submit User Content or any other material in any medium whatsoever that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, profane, threatening, malicious, unlawful, invasive of privacy or publicity rights, intended to be used for any unlawful purpose, fraudulent, false or misleading, assists, incites, instructs, promotes or otherwise encourages violence or any illegal activity, actually or potentially infringes the copyright, trademark, patent, trade secret, privacy, publicity, or any other right of any person or entity including Company, violates any applicable law, statute, ordinance or regulation (including without limitation applicable laws and regulations concerning anti-discrimination, export controls, false advertising or unfair competition) or may give rise to civil liability.
  2. Directly or indirectly modify, adapt, sub-license, translate, sell, reverse engineer, decompile, re-create, and/or disassemble any portion of the Sites or their source codes or attempt to do any of the foregoing.
  3. Directly or indirectly remove or change any copyright, trademark or other proprietary notices contained in Company’s Sites or embedded in or attached to any Content and/or User Content.
  4. Directly or indirectly create a false identity or otherwise attempt to mislead any person as to your identity or the origin of any communication, including without limitation User Content.
  5. Directly or indirectly post or transmit “spam,” unsolicited email, text or any other messages in any medium whatsoever, or any other unsolicited commercial or other communication of any kind whatsoever other than in connection with your appropriate use of the Sites, as determined by Company in its sole and absolute discretion.
  6. Directly or indirectly express or imply that any statements you make and/or any User Content that you submitted are endorsed by Company.
  7. Directly or indirectly “hack” or deface, in any way and to any extent, all or any portion of any of Company’s Sites or directly or indirectly facilitate such hacking or defacing or attempt to do any of the foregoing.
  8. Directly or indirectly interfere with, disrupt, and/or gain unauthorized access to other user accounts on any of Company’s Sites or any other computer network or attempt to do any of the foregoing.
  9. Directly or indirectly post or transmit viruses, corrupted files, malware, ransomware, spyware, Trojan horses, worms, defects, phishing, date bombs, time bombs, bugs, executables computer codes, scripts, applications and/or programs or other items of a destructive nature that may damage, expropriate, intercept or interfere with any data, information, property or system of any person or entity (including Company) or that may damage or interfere with access to and/or use of the Sites by any person or entity (collectively, “Virus”) or attempt to do any of the foregoing.
  10. Access and/or use the Sites or any type of the software or equipment that could in any manner damage, disable, overburden, impair or otherwise interfere with or disrupt access to or use of the Sites by any person or entity or attempt to do any of the foregoing.
  11. Directly or indirectly restrict or inhibit any other person from using or accessing any of Company’s Sites or attempt to do any of the foregoing.
  12. Directly or indirectly reproduce, distribute, modify, sell, license, sub-license, rent, transfer, exploit and/or re-post any Content or User Content on any websites, social media websites, apps or platforms, or computer networks other than Company’s Sites or attempt to do any of the foregoing.
  13. Directly or indirectly frame, mirror or deep link any portion of any of Company’s Sites on any other website, social media website, app or platform, intranet, internet or any other computer network or attempt to do any of the foregoing.
  14. Directly or indirectly engage in data extraction, data analysis, data management, predictive analytics, data dredging, data snooping, phishing, data modeling, data classification, data reproduction, behavioral analysis, data surveys and/or data mining or attempt to do any of the foregoing.
  15. Directly or indirectly transfer, store or otherwise utilize or affect any Content and/or User Content residing or exchanged over any of Company’s Sites in any electronic network including without limitation a peer-to-peer network for use by more than one user or attempt to do any of the foregoing.
  16. Directly or indirectly collect, use and/or store any information about other users of any of Company’s Sites, whether the information is personally identifiable, de-identified and/or aggregated with information concerning other people, including without limitation other users of the Sites or attempt to do any of the foregoing.
  17. Use the Company domain name as a false or disguised return email address.
  18. Directly or indirectly engage in any other activity that Company determines in its sole and absolute discretion to be in conflict with the spirit and/or intent of these Terms, the Privacy Policy, applicable laws or otherwise.

Copyrights, Trademarks and Copyright Agent

Company’s Sites and all Content and User Content contained on and/or submitted to Company’s Sites are protected by United States and international copyright and trademark laws and all other applicable laws. All copyrights and trademarks which are not the property of Company that are used or referred to on Company’s Sites are the property of their respective owners. Nothing contained in Company’s Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent or other property of Company or any other person or entity, whether by implication, laches, estoppel, explicit grant or otherwise. The Content is proprietary and is the sole and exclusive property of Company. ANY UNAUTHORIZED USE OF CONTENT, USER CONTENT AND/OR OTHER MATERIALS ON COMPANY’S SITES SHALL BE A VIOLATION OF THESE TERMS AND MAY VIOLATE APPLICABLE LAWS AND/OR SOCIAL MEDIA PLATFORM RULES. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Sites should be sent to the Company’s designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by notice to the Company’s designated agent: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Sites; d. Your address, telephone number, and e-mail address; e. 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; and f. 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.

The designated agent of the Company for notice of claims of copyright infringement on the Sites is its copyright agent, who may be reached as follows:

By Mail:

LandlordsNY, LLC 545 8th Avenue Suite 1270 New York, NY 10018 Attn: Copyright Agent

By Email:

info@landlordsny.com

Disclaimer of Warranty; Limitation of Liability

The Sites and all Content and User Content posted on any of the Sites and/or delivered to you from, through, or via any of the Sites is provided to you “as is”, without any warranties of any kind, express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose by Company or any of its affiliates, members, managers, officers, employees, agents, representatives, successors, predecessors and/or assigns. Company makes no representations or warranties whatsoever about the Content, User Content and/or any other information whatsoever contained on Company’s Sites, and Company shall not have any responsibility or liability to you and/or to any other person or entity for same. You agree and understand that you must evaluate and bear all risks associated with accessing and/or using any of Company’s Sites, including without limitation, those risks associated with reliance on the accuracy, thoroughness or utility of any Content, User Content and/or any other information whatsoever.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON OR THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You agree that the Company’s maximum liability arising from any use of the Site under any circumstances will be limited to U.S. $100.00. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.

IN NO EVENT WILL COMPANY OR ITS AFFILIATES, PRINCIPALS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, PREDECESSORS AND/OR ASSIGNS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER FOR LOST OR ANTICIPATED PROFITS, DELAY DAMAGES OR LOSS OF DATA RELATED TO ANY INFORMATION, CONTENT OR USER CONTENT LOCATED ON OR TRANSMITTED TO, THROUGH AND/OR FROM COMPANY’S SITES INCLUDING WITHOUT LIMITATION THE ACCURACY THEREOF; OR FOR YOUR RELIANCE ON ANY CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION WHATSOEVER THAT IS LOCATED OR TRANSMITTED TO, THROUGH AND/OR FROM COMPANY’S SITES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY CONTENT, USER CONTENT AND/OR ANY OTHE INFORMATION WHATSOEVER ACCESSIBLE FROM COMPANY’S SITES, OR WHETHER OR NOT SUCH ALLEGED DAMAGES ARE ALLEGED TO HAVE BEEN CAUSED BY ERRORS, OMISSIONS, NEGLIGENCE OR IN ANY OTHER MANNER WHATSOEVER IN CONNECTION WITH THE CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION CONTAINED ON ANY OF COMPANY’S SITES.

Company expressly disclaims any responsibility or liability whatsoever based upon or arising out of a violation of these Terms or the Privacy Policy by any user of Company’s Sites.

The Company may participate in financial, business or other arrangements or relationships with its users, advertisers, experts and/or unaffiliated third parties on the Site. The Company shall have no obligation to disclose the particulars of any such arrangements or relationships, including without limitation any such financial arrangement or relationship for products and/or services provided to users of the Sites.

Company strives to provide accurate information and Content. However, Company cannot and does not make any promises, representations, warranties or guarantees about the accuracy, completeness or adequacy of the Content, User Content or other information accessible on or from Company’s Sites. COMPANY CANNOT AND DOES NOT PROMISE, WARRANT, REPRESENT OR GUARANTEE THAT ANY CONTENT, USER CONTENT AND/OR ANY OTHER INFORMATION IS APPROPRIATE FOR YOU OR ANY OTHER USER, PERSON OR ENTITY.

The Company does not provide legal or other professional advice. The Content on the Site is for informational and advertising purposes for users only. The Site promotes advertisers on the Site in its advertising section, “Experts” section, on banner advertisements, and elsewhere on the Site. The Company does not endorse the products and/or services of any advertisers or experts. The Content and material and information furnished to users by advertisers and experts are not a substitute for legal advice or other professional advice from an attorney or other professional. It is your sole responsibility to obtain the advice and guidance of an attorney or other professional, if appropriate. The Content or anything else on the Site should in no way be taken to be the provision or practice of legal or other professional advice or services by the Company.

The Company is not responsible for any injury, damages or other consequences arising out of the use or misuse of the Content or any information or advice from the advertisers, experts or other third parties contained on or referred to in the Sites. You must exercise your own judgment when utilizing the Content or the products and/or services of any advertiser, expert or other third party on the Sites.

In no event shall Company be liable for any damage whatsoever to your computer hardware, software applications, mobile devices, wearable devices, Internet of Things devices, networks and/or any other technology or property that may occur on account of your access to or use of Company’s Sites or your downloading of Content, User Content or any other information or materials from or through Company’s Sites, whether caused by a Virus or any other reason or cause. Content, User Content and other information contained on Company’s Sites may contain technical inaccuracies and/or typographical or other errors, for which Company expressly disclaims any and all liability and responsibility. The Content, User Content and any and all other information contained on Company’s Sites may be changed at any time without any prior notification. Company does not routinely monitor Company’s Sites, User Content or other information that is posted by any person or entity (other than Company) to the Forum and any and all other sections of the Sites. However, Company reserves the absolute and unconditional right to monitor Company’s Sites, including without limitation the Forum, and to edit, modify, remove, redact, consolidate and/or clarify any User Content and/or other information that Company in its sole and absolute discretion considers to be inappropriate, unlawful and/or for any other reason whatsoever. Company’s exercise of such reserved rights shall not create any obligation whatsoever for Company to monitor, edit, modify, remove, redact, or otherwise edit Content on the Sites, including without limitation on the Forum, in any way.

The Company does not recommend or endorse any specific content, advertiser, expert or other information that may be mentioned on the Site. Reliance on any information, Content or communication provided on the Sites is solely at your own risk.

For any information that you submit (“Submissions”) to the Company in connection with the Site, including postings and e-mail:

  1. You warrant that you own the right to utilize, to license, and to sublicense the Submissions; and

  2. None of the Submissions will be subject to any obligation (whether of confidentiality, attribution, or otherwise) on the part of the Company. The Company shall not be liable for any use or disclosure of any Submissions.

Opinions and other statements expressed by users and advertising are theirs alone, and are not opinions of the Company. Content created by users, advertisers, and experts are the sole responsibility of such users and advertisers, and their accuracy and completeness are not endorsed, guaranteed, or warranted by the Company.

You consent that the Company may use your name and identifying marks as a user of the Company’s services on this Site for promotional and advertising purposes. The Company will not be required to pay you any fee or other remuneration, whether or not the Company earns fees or other payments from the use of your name and identifying marks for such purposes. You waive any claim that the use of your name or other identifying marks infringes on your rights.

Third Party Content

Company’s Sites may provide hyperlinks to and/or other methods of viewing or accessing other web pages, websites, links, social media websites, apps and platforms, applications and other resources that are available on the Internet (collectively, “Third Party Content”). Third Party Content includes, without limitation, the Energy Tracker Dashboard available to Account holders. Company has no control over any Third Party Content that you access or use via such hyperlinks or otherwise. Company expressly disclaims any and all responsibility for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content. Company makes no covenants, warranties or representations whatsoever about any of the foregoing. All Third Party Content is provided to users on an “as is, where is” basis, solely as a convenience to our users. You acknowledge and agree that Company shall not be responsible or liable for any damage or loss of any kind whatsoever caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content.

It is your sole responsibility to take any and all precautions that you deem necessary and/or appropriate to ensure that any Third Party Content that you may choose to access and use is safe, appropriate for you and/or any other person viewing such Third Party Content who is accompanying you and/or does not contain any inaccuracies, omissions Viruses and/or other items of a destructive nature. Company shall have no liability whatsoever for any of the foregoing matters.

LandlordsNY Account

Access to many pages on the Sites is limited to users with registered accounts (“Accounts”). In order to become an Account holder, you must: be a qualified New York landlord or property manager; apply for an Account on the Website; and pay an annual fee of _____ dollars ($). Company reserves the right in its sole and absolute discretion to provide or deny an Account to any applicant. Once you are approved by Company as an Account Holder, you will be provided a unique username and password in order to access certain sections of the Website.

Payment of the Account annual fee must be made using a Stripe account or other payment method at Company’s sole and absolute discretion. You agree that Company may charge a separate service fee in connection with any Account(s), products and/or services offered and sold on its Sites. You further agree that a Stripe may apply its own fees, charges and/or costs associated with use of Stripe, in accordance with Stripe’s terms, conditions and policies which may be found at www.stripe.com. Your use of Stripe as part of the Sites shall be governed in part by all applicable terms, conditions and policies of Stripe.

If an Account holder fails to pay the annual fee for an Account(s) within ten (10) days of notification by Company, Company reserves the right to deactivate and/or terminate such Account(s) until such time as the annual fee is paid in full. Company shall not issue any refunds, full, pro-rata or otherwise, in connection with any Account(s) and fees, charges and/or costs associated therewith. Regardless of what date during the calendar year the Account(s) holder pays the annual fee, annual fees paid for any Account(s) shall make such Account(s) valid only from January 1 to December 31 of the calendar year then in effect when the annual fee is paid. You will be solely responsible for all consequences and damages arising from any failure to pay all fees, charges and/or costs associated with your Account, including the deactivation and/or termination of said Account. You will also be solely responsible for all consequences and damages arising from all uses of your Account, whether or not authorized by you. You agree to notify the Company immediately of any unauthorized use of your Account.

The Company strives to protect the personal information, confidentiality, and privacy of each user. However, the Company cannot (and does not) guarantee the security of any personally identifiable information or Content that you disclose online on any of the Company’s Sites or otherwise, or submit to the Company in connection with your registration on the Website or otherwise, and you do so at your own risk.

Information about and descriptions of products and/or services available that are listed on the Sites may be furnished to Company by unaffiliated third parties. Company does not independently verify, and expressly disclaims all responsibility to verify, any or all such information. Each Sites user’s use of such information is at its own risk and each user is solely responsible to verify the accuracy and completeness of such information. Company does not and cannot guarantee or represent the availability of any of the products and/or services that are listed on the Sites. Users are responsible to contact Company to confirm the availability of such products and/or services.

Property Search

Information about and descriptions of property available for sale or for rent that is listed on the Website has been furnished to Company by landlords, brokers, agents and other users of the Site. Such information is available to Website users who are Account holders. The Company does not independently verify, and expressly disclaims all responsibility to verify, any or all such information. Your use of such information is at your own risk and you are solely responsible to verify the accuracy and completeness of such information.

Blog and Forums

The Website enables users who are Account holders to post comments, statements and personal opinions about matters of their own choosing in the Forum section (the “Forum”). All of such comments, statements and personal opinion are made by such user, and do not reflect the opinions of the Company, which expressly disclaims all responsibility for same. Company’s Website also contains a blog (the “Blog”) for users who are Account holders. Information on the Blog is provided by Company’s staff and other contributors.

As previously indicated in these Terms, users shall not directly or indirectly submit User Content or any other material, including without limitation on the Forum, that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, profane, threatening, malicious, unlawful, or invasive of privacy or publicity rights, among other prohibited activity detailed in these Terms. Information on the Site, including without limitation in the Forum, may be provided by advertisers, other users, experts and other contributors, some of whom use anonymous and/or pseudonymous screen names and/or may not otherwise be connected with Company. You acknowledge that a large volume of information is available on Company’s Sites including on the Forum and the Blog, and that users participating on the Sites may intentionally or unintentionally post User Content, messages or make statements that are inaccurate, misleading, incomplete or deceptive. Company neither endorses nor is responsible for any User Content, messages or statements or for any opinion, advice, information, or other statement uploaded to and/or accessible on the Sites, including without limitation on the Forum. Opinions, comments and other statements expressed by users of the Sites including without limitation on the Forum are theirs alone, and are not opinions or the responsibility of Company. User Content is the sole responsibility of the users who post or upload such User Content and their accuracy and completeness are not endorsed or guaranteed by Company. Company is not responsible for any errors or omissions in postings on or Submissions to the Sites including on the Forum and the Blog, for hyperlinks embedded in posts, messages or other User Content, or for any results obtained from the use of such Content, User Content and/or any other information whatsoever that is accessible on or from the Sites. Company is further not responsible for any dispute that arises among users, including without limitation in connection with the Forum and the Blog. You acknowledge that due to the immediate nature of the Internet, Company may not censor, approve, edit or endorse information uploaded, linked or made accessible on the Sites by users, including without limitation on the Forum. Company cannot and does not guarantee or warrant that inappropriate or illegal material shall not be posted on the Sites including without limitation on the Social Media Sites, Forum and Blog. You understand that by accessing and using the Sites including without limitation the Forum and the Blog, you may be exposed to Content or User Content that may offend you. In such event, your sole and exclusive remedy and recourse is to avoid such Content or User Content by discontinuing your access to and use of the Sites.

Concierge Service

The Company offers a concierge service to users who are Account holders. Company is not responsible for, and expressly disclaims, the accuracy, truthfulness, completeness, or omissions that may be contained in any information provided and/or communication made through the concierge service. While Company strives to answer all questions or requests through the concierge service in real-time, Company cannot guarantee that all such questions or requests will be answered timely. Company reserves the right in its sole and absolute discretion to not respond to and/or reject any questions or requests made via the concierge service that Company deems unlawful, improper, inappropriate or contrary to these Terms or the Privacy Policy. Company expressly disclaims any responsibility for the use of any information provided by the concierge service, including without limitation any individuals or services recommended through the concierge service.

Use of Company Social Media Sites

It is your sole responsibility to read and comply with the Social Media Platform Rules. In no event shall Company be responsible in any way for your violation of any of the Social Media Platform Rules. Your use of Company’s Social Media Sites shall be subject to all of the following: (1) these Terms; (2) Company’s Privacy Policy; (3) the Social Media Platform Rules; and (4) the terms of use, privacy policy, and all other applicable terms and conditions for each such Social Media Site in effect at the time. The Company shall not be responsible, and expressly disclose for any links to external websites contained in its Social Media Sites.

Conduct by Users

Users may access and use Company’s Sites exclusively for lawful purposes. Conduct by any user that in the sole and absolute judgment of Company may directly or indirectly restrict or inhibit any other user from using or accessing Company’s Sites is expressly forbidden. Company reserves the right in its sole and absolute discretion to refuse access to any or all of Company’s Sites to any user for any reason whatsoever, including without limitation a belief that the user may have violated these Terms, the Privacy Policy, any Social Media Platform Rules or any applicable laws. ANY DIRECT OR INDIRECT ATTEMPT BY ANY PERSON TO DAMAGE ANY OR ALL OF COMPANY’S SITES IS A VIOLATION OF APPLICABLE CRIMINAL AND/OR CIVIL LAWS. IF YOU MAKE ANY SUCH ATTEMPT, COMPANY RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Company and its affiliates, principals, officers, members, managers, employees, agents, representatives, advertisers, experts, vendors, successors, predecessors and assigns from and against all losses, expenses, judgments, amounts paid in settlement, damages and costs including reasonable attorneys’, professionals’ and expert witness and other fees and expenses resulting from your actual or alleged breach or violation of these Terms or the Privacy Policy, your compliance with legal matters associated with or arising out of any subpoena or legal process that relates to you, and any and all other matters relating to you, whether concerning Company, the Sites, copyright infringement, relating to or arising out of your User Content, or otherwise. Company reserves the right to assume at your sole cost and expense the exclusive defense and control of any matter that is subject to indemnification by you hereunder and/or under the Privacy Policy. In such event, you agree to cooperate fully at your sole cost and expense with Company in asserting, prosecuting or alleging any and all available defenses, counterclaims, cross-claims and any and all other pleadings, allegations or evidence and in all other respects at Company’s written request at any time.

Termination

Your limited right to access and use the Sites is licensed to you by Company and is subject to all of the terms and condition herein. This license shall immediately and automatically terminate without notice to you upon your breach and/or threatened or anticipated breach of these Terms, the Privacy Policy or applicable laws. In addition, Company may terminate said license immediately at any time for any reason or no reason, and/or for the convenience of Company. IF YOU DO NOT ABIDE BY THESE TERMS, THE PRIVACY POLICY AND APPLICABLE LAWS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE COMPANY’S SITES.

General Terms

You and Company have agreed to these Terms within the State of New York for all purposes. All products and/or services that are furnished to you on, to, from, or through the Sites are deemed to be furnished within the State of New York. Any and all disputes arising out of, under or in connection with these Terms including without limitation its validity, interpretation, performance or breach shall be adjudicated exclusively in the United States District Court for the Southern District of New York or the Supreme Court of the State of New York, County of New York. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Company for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you. These Terms and its validity and effect shall be interpreted under, and governed by, the substantive laws of the United States of America and the State of New York, without regard to principles of conflicts of laws or statutes.

By your acceptance of these Terms and your access and/or use of Company’s Sites and as a material condition of such access and/or use, you represent and warrant to Company that you are at least eighteen (18) years old. You also represent and warrant to Company that you have provided accurate and complete information in all of your communications with Company. These Terms and any other rules or terms posted on any of Company’s Sites, including without limitation the Privacy Policy, constitute the entire agreement between you and Company and supersede all previous written or oral agreements between Company and you. No action or inaction by Company may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms shall continue in full force and effect. The Company fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. The Company reserves the right to release information to law enforcement agencies about a user in the following instances: (1) the Company believes such users are in violation of these Terms or the Privacy Policy, (2) as required by law, (3) when the user is engaging in any activities that the Company in its sole and absolute discretion believes to be unlawful, (4) when we believe disclosure is necessary to prevent physical harm or financial loss, or (5) in connection with an investigation of suspected or actual illegal activity.

Copyright © 2014-2017 by LandlordsNY, LLC. All Content contained in and on the Company’s Sites constitutes intellectual property belonging exclusively to the Company and or their respective owners and is protected by international, federal and state copyright law and other laws and treaties. Any copying, republication, redistribution, creation of derivative works or public performance of any of the Content is strictly prohibited. The Company reserve the right to enforce its intellectual property rights and all other legal rights and interests to the maximum extent permitted by applicable law. All rights and remedies of Company are expressly reserved.

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