BRGNYC provides online real estate resources and services pertaining to the city of New York, NEW YORK (NYC), available through the BRGNYC.com WEBSITE located at www.brgnyc.com. Interaction with BRGNYC regarding classified online property listings, NYC real estate related information, and various email and mailing list services, (collectively considered ("BRGNYC SERVICES") are subject to the following Terms of Services (ToS). When engaging with BRGNYC SERVICES in any capacity, YOU, the USER, agree to comply with all policies outlined in the ToS. If you are not in agreement with any policies outlined in the ToS, simply discontinue all use of BRGNYC SERVICES. BRGNYC reserves the right to modify and update the ToS at any time, with sole discretion, without notice, and all modifications will take effect immediately upon posting. Any inquiries concerning the ToS can be emailed to info@brgnyc.com.

SUBMISSIONS & CONTENT

All postings, emails, texts, images, video, feedback, or other materials (collectively considered SUBMISSIONS) posted to the BRGNYC WEBSITE or transmitted through all BRGNYC SERVICES are the sole responsibility of the party from whom the SUBMISSION was generated, or posted.

In posting any SUBMISSIONS on the BRGNYC WEBSITE, you agree:

1. a. to assume full responsibility for the entirety of your SUBMISSION (BRGNYC does not alter or modify any portion of your SUBMISSION, but will simply reject it if it does not comply with the ToS. No explanation is required, though one may be granted);
2. b. to allow your SUBMISSION on the BRGNYC WEBSITE to be hyperlinked via other Third Party sites, according to the guidelines outlined in the ToS;

All interactions with content generated by BRGNYC (CONTENT) and SUBMISSIONS are at your risk only. While BRGNYC attempts to verify basic information contained within SUBMISSIONS, BRGNYC does not guarantee the authenticity or accuracy of any information contained within the CONTENT or SUBMISSIONS. It is incumbent upon the USER to evaluate the validity of the information contained within the CONTENT and SUBMISSION and bear all risks associated with use of said information.

In addition, the BRGNYC WEBSITE contains links to other websites which are unaffiliated with BRGNYC, via CONTENT posted by BRGNYC, as well as links posted by BRGNYC USERS in their respective SUBMISSIONS. BRGNYC makes no warranty as to the accuracy or validity of any information contained in these Third Party Listings. YOU agree to assume all risk and related responsibility while or as a result of interacting with the BRGNYC WEBSITE, and indemnify and hold harmless BRGNYC for any loss or damage incurred by interaction with BRGNYC CONTENT, SUBMISSIONS, and Third Party websites linked via the BRGNYC WEBSITE. BRGNYC reserves the right, with sole discretion, to refuse or remove from all BRGNYC SERVICES, any SUBMISSION that violates any policy outlined within the ToS, without any obligation to explain or verify.

ACCESS TO BRGNYC SERVICES

BRGNYC grants all USERS free and open access to view all CONTENT and SUBMISSIONS on the BRGNYC WEBSITE. BRGNYC retains the right, with sole discretion, to determine how the CONTENT and SUBMISSIONS on the BRGNYC WEBSITE are displayed and accessed. BRGNYC will not alter or edit the content of the SUBMISSION. USERS can hyperlink to all pages on the BRGNYC WEBSITE, provided the link does not portray BRGNYC, BRGNYC USERS, or other BRGNYC affiliates in a negative, derogatory, or otherwise offensive manner. In addition, hyperlinks to the BRGNYC WEBSITE are not permitted as endorsement to Third Party products or services, or for any other commercial use.

ACCOUNT PRIVILEGES

BRGNYC offers the ability to register with the BRGNYC WEBSITE for a MY BRGNYC account (registered USERS are collectively considered BRGNYC USERS). BRGNYC grants to BRGNYC USERS only, the ability to post Property Listings and other SUBMISSIONS directly onto the BRGNYC WEBSITE, to be viewed and responded to directly by all USERS. Account privileges are granted by BRGNYC exclusively to individual (non-commercial) or business USERS, and granted specifically to the subscribing BRGNYC USER only. Account privileges are non-transferable. BRGNYC permits you, the BRGNYC USER, to hyperlink to your SUBMISSION on the BRGNYC WEBSITE, from other external websites, for noncommercial uses only. The number of such external hyperlinks to your SUBMISSION cannot exceed fifty (50).

BRGNYC retains the right to determine, with sole discretion, if a BRGNYC USER is violating the ToS, and reserves the right to UNSUBSCRIBE and/or BAN the USER from posting SUBMISSIONS on the BRGNYC WEBSITE.

EMAIL COMMUNICATION WITH BRGNYC USERS

BRGNYC uses email as a primary mode of communication with BRGNYC USERS, and your email address will become the MY BRGNYC account username. As a registered MY BRGNYC account holder, you grant BRGNYC the permission to communicate with you via email regarding your account, your Property Listing, system messages, service announcements & updates, and other messages related to administration of the BRGNYC WEBSITE. In addition, you allow other USERS of the site to contact you via the Send Email link on the Property Listing, regarding your posting. Your email address will not be displayed, instead the USER will complete a form, submit it to the BRGNYC WEBSITE, and BRGNYC will forward you the email.

PROPERTY LISTINGS

In posting Property Listings (and all other SUBMISSIONS) to the BRGNYC WEBSITE, you agree:

1. a. that you are legally authorized within the state of NEW YORK, to represent the property with regard to the lease or sale transaction you are intending to create (Legal authorization arises in the form of legal property ownership, or expressed verbal or written authorization by the legal Property Owner or legally authorized Agent, such as a Broker, Management Company, Lawyer, or authorized Other Party within the State of New York.);
2. b. not to post any imagery, text or other materials that violates copyright law or license agreements, and that if it discovered that material has been posted which violates copyright law and/or license agreements, BRGNYC reserves the right, with sole discretion and without explanation, to remove the SUBMISSION immediately;
3. c. not to submit imagery that is pornographic, represents the likeliness of any actual person, or can be reasonably deemed irrelevant to the marketing of a property for sale or lease;
4. d. to comply with the Fair Housing Act, by not stating in any SUBMISSION, a discriminatory preference based on sex, race, color, national origin, familial status, handicap, or religion; or that violates any local or state laws that prohibit discriminatory practices on the basis of these or other characteristics;
5. e. not to submit a false Property Listing, or to knowingly submit any information contained within a Property Listing that is false or untrue, or cannot verify the validity of;
6. f. to submit accurate contact information;
7. g. to allow the Property Listing, or any portion of it, to be searched, copied, downloaded, printed and otherwise referred to by BRGNYC USERS;
8. h. that BRGNYC retains the sole authority to choose the manner in which the Property Listing is searched, accessed and interacted with by USERS;
9. i. to disclose the full property address of the Property Listing to BRGNYC, though you can opt not to display the address to USERS;
10. j. that though you can opt not to display the property address to users on your Property Listings posting, BRGNYC assumes absolutely no responsibility for protecting against the discovery of the property address, and you agree to indemnify and hold harmless BRGNYC from any loss or damage incurred by the discovery of the property address by a USER, even if disclosure is accidentally allowed via a technical error with the BRGNYC WEBSITE;
11. k. to allow BRGNYC and USERS to create hyperlinks to your SUBMISSION via Third Party websites, according to the guidelines of the ToS;
12. l. that BRGNYC shall have the right to use Property Listings and other SUBMISSIONS submitted to the BRGNYC WEBSITE for any purpose, including without limitation, for publication of all or part of said SUBMISSION on Third Party websites, according to the guidelines of the ToS.

LISTINGS REVIEW

All Property Listings and SUBMISSIONS in general, will be screened for approval prior to appearing on the BRGNYC WEBSITE. BRGNYC retains the right, but not the obligation to review any listing submitted to the BRGNYC WEBSITE by a USER. Property Listings will be screened with regard to their compliance with the ToS. If approved, they will become live on the BRGNYC WEBSITE. If rejected, the USER who submitted the rejected posting will receive a notification of rejection. BRGNYC retains the right, but not the obligation, to explain the reason(s) for listing rejection.

UNSOLICITED EMAIL (SPAM)

BRGNYC prohibits the use of the BRGNYC WEBSITE or BRGNYC SERVICES to generate or send unsolicited commercial email (SPAM). You agree not to use the SEND AN EMAIL or EMAIL A FRIEND functions on the BRGNYC WEBSITE, or other email tools on the BRGNYC WEBSITE or BRGNYC SERVICES, to send SPAM, or any other content intended as commercial advertisement, or for any other purposes that violate the ToS.

PRIVACY STATEMENT

Your interaction with the BRGNYC WEBSITE and BRGNYC SERVICES in any capacity signifies acknowledgement and agreement to the Privacy Statement. You agree that BRGNYC may, with sole discretion, may preserve and/or disclose the content of your SUBMISSION, your account information, including email address and other contact details, and other available information, if required to do by law or subpoena, or in the good faith belief that such disclosure is reasonably necessary to: enforce the ToS, comply with the legal process; respond to claims of copyright infringement by Third Parties; to protect the rights of other USERS and BRGNYC.

REAL ESTATE AGENTS

If you are a licensed NY State Real Estate Agent (Agent refers to Broker and Salesperson) posting Property Listings, you agree to comply with all disclosure requirements as outlined in New York State Real Estate License Law Article 12a. In short, you agree to assume all responsibility for the legalities of marketing a property listing for lease or sale in the state of New York. When registering for an BRGNYC account as a licensed NY Real Estate Broker or Salesperson, your unique license number is required to post a listing. Licensed Real Estate Agents in other US states, but not New York, are not authorized to post Property Listings representing NYC Real Estate, unless they are the legal Property Owner of the marketed property, representing as the Property Owner.

VIOLATIONS OF THE ToS

Please report any violations of the ToS, by flagging the posting for review, or by emailing to: abuse@brgnyc.com

TERMINATION OF SERVICE

You agree that BRGNYC, with sole discretion, has the right to delete or revoke your account privileges, and terminate your MY BRGNYC account without limitation, immediately and without notice, for any reason, especially but not limited to, if it is deemed that you have violated the ToS. In addition, you agree not to attempt to register for another MY BRGNYC account, using the previous or any other email addresses as your username, if you have been banned or unsubscribed from the service.

OWNERSHIP AND PROPRIETARY RIGHTS

BRGNYC retains all rights, title and interest in the BRGNYC WEBSITE and BRGNYC SERVICES technology, including but not limited to: Email Alerts, Mailing Lists, Database, and all underlying technology and data. You agree not to, or allow others to: dismantle, copy, reverse engineer, merge, disclose, merge or transfer the underlying source code of the BRGNYC WEBSITE or structure of BRGNYC SERVICES technology, or delete or alter copyright notices or author attributes. The CONTENT transmitted via the BRGNYC WEBSITE and BRGNYC SERVICES are protected to the full extent permitted by law. All CONTENT transmitted via the BRGNYC WEBSITE and BRGNYC SERVICES are protected by copyright as a collective work, pursuant to copyrights laws, and international conventions. Any reproduction or redistribution of any portion of CONTENT on the BRGNYC WEBSITE or BRGNYC SERVICES is prohibited without the express written consent of BRGNYC. BRGNYC does not claim ownership of SUBMISSIONS by USERS, however, by posting SUBMISSIONS, you automatically grant, and you represent and warrant that you have the right to grant, to BRGNYC the full rights to copy, and redistribute SUBMISSIONS via Third Party websites and other media, including print, at the sole discretion of BRGNYC. BRGNYC will not modify or alter the content of the SUBMISSION.

NOTICE OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied onto BRGNYC in a way that constitutes copyright infringement, please provide BRGNYC copyright agent with the following information:

1. a. Your physical or electronic signature;
2. b. Your address, telephone number, and email address;
3. c. A description of the copyrighted material that has been infringed upon, and where it is located on the BRGNYC WEBSITE;
4. d. A statement by you that you have a good-faith belief that the disputed us is not authorized by the copyright owner, its agent, or the law;
5. e. A statement by you declaring under penalty of perjury that the above information in your Notice is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner.

Notices of Copyright Infringement can be sent to: BRGNYC, 1674 Broadway New York, NY 10019. The above outlined procedure is for exclusively notifying BRGNYC that your copyrighted material has been infringed.

WARRANTY DISCLAIMERS

THE BRGNYC WEBSITE AND BRGNYC SERVICES ARE PROVIDED ON AND AS IS OR AS AVAILABLE BASIS, WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THE BRGNYC WEBSITE AND BRGNYC SERVICES ARE ENTIRELY AT YOUR OWN RISK. BRGNYC MAKES NO PROMISES, RESPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ALL FUNCTIONS OF THE BRGNYC WEBSITE AND BRGNYC SERVICES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. BRGNYC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS ACCESSED VIA LINKS ON THE BRGNYC WEBSITE AND BRGNYC SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW. BRGNYC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE BRGNYC WEBSITE AND BRGNYC SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY and INDEMNITY

IN NO EVENT SHALL BRGNYC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF BUSINESS PROFIT, LOSS OF USE OR DATA, OR INTERUPTION OF BUSINESS, AND REGARDLESS IF BRGNYC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE ToS, OR FROM ANY ASPECT OF YOUR USE AND INTERACTION WITH THE BRGNYC WEBSITE AND ALL BRGNYC SERVICES, WHETHER THE DAMAGES ARISE FROM INABILITY TO ACCESS THE BRGNYC WEBSITE OR BRGNYC SERVICES, USE OR MISUSE OF THE BRGNYC WEBSITE OR BRGNYC SERVICES, OR THE INTERUPTION, SUSPENSION, MODIFICATION OR TERMINATION OF THE BRGNYC WEBSITE OR BRGNYC SERVICES. BRGNYC (and its officers, affiliates, employees, and agents) shall not be liable for any damages whatsoever arising from your use of, or interaction with the BRGNYC WEBSITE and BRGNYC SERVICES, and you agree to INDEMNIFY BRGNYC (and its officers, affiliates, employees, and agents), and hold harmless BRGNYC (and its officers, affiliates, employees, and agents) from and against any and all costs and damages, including but not limited to, attorney’s fees and court costs, made by any Third Party due to or arising out of any SUBMISSION to the BRGNYC WEBSITE, use of BRGNYC SERVICES, violation of the ToS, breach of any representations and warranties herein, or violation of the rights of another.

GOVERNING LAW

The ToS, and BRGNYC SERVICES, shall be governed by the laws of the State of New York, without reference to conflict of law principles. You and BRGNYC hereby agree to submit to the exclusive jurisdiction of the courts located with the county of New York, New York for the adjudication of any disputes or claims arising out of and/or related to the ToS. The failure of BRGNYC to exercise or enforce any provision in the ToS shall not constitute a waiver of such provision. If any provision of the ToS is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be removed from the ToS, which shall remain in full force and effect.

ASSIGNMENT

The ToS constitutes a binding agreement between you and BRGNYC, and the rights herein or any rights hereunder may not be assigned, sublicensed, or otherwise transferred by you without the prior written consent of BRGNYC, which retains the right to withhold consent with sole discretion.

ENTIRE AGREEMENT

The provisions in the ToS constitute the entire agreement between you and BRGNYC and supersede all understandings, whether oral or written, between you and BRGNYC LISITINGS with respect to the subject matter of the ToS.

NOTICES

All Notices to BRGNYC can be sent to 1674 Broadway 6th floor, New York, NY 10019.

FEEDBACK

Feedback regarding the ToS, the BRGNYC WEBSITE and BRGNYC SERVICES can be emailed to feedback@brgnyc.com.