March 14, 2010
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Terms and conditions


Terms and Conditions

While every reasonable attempt has been made to check on the veracity of the listing and pricing information provided by NYCVertical, we cannot guarantee that the information provided is without error.

Information concerning these offers is from sources deemed reliable, but no warranty is made as to the accuracy thereof. All information is subject to correction of errors, change in price, omission, financing, commission, rental, sale, lease or withdrawal without any notice.

Therefore, anyone wishing to use the information found herein is encouraged to contact NYCVertical and schedule an appointment to review and verify property information. All square footage and dimensions are approximate. Exact dimensions can be obtained by retaining the services of a professional architect or engineer.
NYCVertical LLC cannot be held liable for any actions taken, either wholly or in part, based on the information provided on our website. Furthermore, NYCVertical LLC shall not be held responsible for any loss, damage or destruction resulting from using NYCVertical.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

IN NO EVENT WILL NYCVERTICAL LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL INFORMATION IS PROVIDED BY NYCVertical ON AN "AS IS" BASIS ONLY. WE PROVIDE NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.


Privacy Policy

NYCVertical LLC understands and respects your concern about the privacy of any information you supply while at our site. We believe that knowledge is the key to monitoring and protecting how your information is used on the Internet. This statement sets forth our Privacy Policy and describes the practices we follow with respect to all visitors to this site. Please be aware that this site may contain links to other sites that are covered by their own privacy policies.

NYCVertical LLC respects your personal privacy. Personally identifiable information provided by visitors (name, E-mail or personal information etc.) will not be disclosed to anyone. NYCVertical LLC employs strict security measures and our staff will never release, disclose, share, or sell any of our users' private information to any third party for any reason at any time! All and any personal information we receive will only be used for the selling, buying or rental needs of our customers.

What information is collected from our visitors?
The kinds of information we collect from you will vary, depending on how you use our Website. It's possible to browse our site without submitting any personally identifiable information (personal information) at all, but if you choose to take advantage of some of our services, you may be asked to provide information such as your name, e-mail address, phone number, address, or for certain financial products or services your Social Security number and banking information. Whenever we ask for this kind of information, we strive to provide a link to this Privacy Policy to help you understand how your personal information will be used before you decide whether to disclose it.
In addition to the information you choose to submit, our systems are set up to gather certain anonymous data to help us better understand how our sites are being used and how we can improve them. This automatically gathered data includes your computers IP or Internet Protocol address, statistics about how visitors navigate through our sites, and information provided through the use of "cookies" (which are described in more detail below).
We do not allow access to any of your personal information collected on our site to third parties.

How is information used?
The use of your information depends on the context in which it is collected. Therefore, pay special attention to the categories below that relate to the features of our sites that you wish to utilize.
Cookies: These are small files that we send to and store on your computer so that we may recognize it as a unique machine the next time you visit our sites. Our cookies are used for three reasons: (1) to keep track of your information for your own convenience; (2) to help us optimize your online experience by altering our content depending on your particular needs or browsing patterns, and to provide you with advertisements, products, and services of interest to you; and (3) to help us understand the size of our audience and their traffic patterns within our network.
Tools: Our sites allow you to use many helpful tools, such as real estate search tools, and others, without disclosing any personal information. These tools are for your benefit, and the information you submit when you use them (typically impersonal data) is not disclosed to anyone or used for any purpose other than to provide you with the service you're seeking.

How is my information protected?
Whenever personal information about you is stored on our computers, that information is password-protected from unauthorized access or use. In addition, this information is kept only on servers that are located behind a "firewall," which makes their contents inaccessible to outside users. Of course, we appreciate your help in safeguarding the integrity of your own and others' privacy. We hope you'll use common sense whenever you disclose personal information over the Internet. Just as importantly, we encourage you to let us know immediately if you suspect that the information you share with us is being used in any way contrary to this Privacy Policy.


Copyrights

The content, layout, design, concept, and organization of the NYCVertical Site and Services are subject to NYCVertical LLC's patents, copyrights, trade secrets, and other intellectual property rights. All rights are reserved.

You acknowledge and agree that NYCVertical LLC owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks, content and other intellectual property rights therein. In case if any part of the content that appears on this Website is not owned by NYCVertical LLC is the property and copyright of their respective owners, who may, or may not be affiliated with, connected to, or sponsored by NYCVertical LLC. Any use of the NYCVertical Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

You agree that you will obtain the express written permission from NYCVertical LLC before you copy, upload, transmit, reproduce, distribute or in any way exploit any NYCVertical Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the NYCVertical Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services. This Agreement does not constitute a license to use NYCVertical LLC's trade names, service marks or any other trade insignia. Any use of our trade names, services marks or any other trade insignia shall be subject to NYCVertical LLC prior written consent.


Trademarks

Any trademarks not owned by NYCVertical LLC that appear on this Website are the property of their respective owners, who may, or may not be affiliated with, connected to, or sponsored by NYCVertical LLC.


Scope of Use

You shall not use the NYCVertical website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions of or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the NYCVertical web site, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from NYCVertical LLC. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the NYCVertical web site in any manner that could damage, disable, overburden, or impair the NYCVertical website or interfere with any other party's use and enjoyment of the NYCVertical website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NYCVertical website. Unauthorized individuals attempting to access any area of this site in a prohibited manner may be subject to prosecution.

Intellectual Property Rights and Ownership

The content of NYCVertical is owned by NYCVertical LLC and is protected by national and international laws, treaties and conventions regarding intellectual property or proprietary rights.

NYCVertical invites a User to view, use and download sample portions of content including, without limitation, text, graphics, software, pictures, data, product descriptions, and audio and video files on this website for a User's informational, non-commercial use; provided, however, that all copyright, trademark and other proprietary rights notices are left intact. Please note that such download and use of content to evaluate whether to purchase products or services from NYCVertical or otherwise enter into a business relationship with NYCVertical LLC shall not constitute commercial use.


No Warranties

ALL INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. NYCVertical LLC DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AS A SERVICE TO PEOPLE WHO VISIT THE WEB SITE, NYCVertical PERMITS OUR REAL ESTATE AGENTS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. NYCVertical DOES NOT RECOMMEND OR ENDORSE ANY OF THE REAL ESTATE AGENTS, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEB SITE. USERS SHOULD SEEK THE ASSISTANCE OF LICENSED REAL ESTATE PROFESSIONALS REGARDING THE EVALUATION OF SPECIFIC CONTENT OBTAINED ON THE WEB SITE. USERS ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE PROGRAMS OR CODE.


Limitation of Liability

You assume all responsibility and risk for the use of this site and the Internet generally. In no event shall NYCVertical LLC and its partners, directors, officers, employees, agents, vendors, and suppliers be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory.

Although NYCVertical LLC believes the content to be accurate, complete, and current, NYCVertical LLC makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. NYCVertical LLC may make changes in the services described herein at any time.


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NYCVertical LLC, its and their partners, officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.


THIRD PARTY RIGHTS
These Terms are for the benefit of NYCVertical LLC, its and their partners, officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.


Modifications to Terms of Use and Content

NYCVertical LLC may modify this agreement or Privacy Statement at anytime in its sole discretion. Any modification is effective immediately upon either a posting on the Homepage, or by a message from NYCVertical sent by electronic mail, or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription. However, if you do not terminate your registration, or continue to use NYCVertical, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.


Violations of Terms and Conditions of Use

NYCVertical LLC has the right to terminate or restrict your access to the website and its content unilaterally and without notice, in the event you violate any of these Terms of Use. NYCVertical LLC also reserves any and all remedies at law or equity in connection with violation of these Terms of Use.
In the event the damages of a violation of these Terms and Conditions are difficult to determine, you agree that NYCVertical LLC shall be entitled to $30,000 as liquidated damages for each violation of these Terms and Conditions, in addition to seek injunction relief and to the right to block your access to the Web Site.


Links to other websites and services

To the extent the Web site contains links to outside services and resources ("Linked Sites"), NYCVertical LLC neither endorse nor are affiliated with the Linked Sites and is not responsible for any content that appears on the Linked Sites. The respective owners of the Linked Sites neither endorse nor are affiliated with NYCVertical LLC.


General Provisions

Any claims relating to the Web Site must be brought in the state or federal courts of the State and County of New York and shall be governed by the laws of the State of New York.