Terms & Conditions
Last Modified: October 20, 2017
Acceptance of the Terms of Use
The
website located at https://www.hlres.com (the "Site") is a copyrighted work belonging to Highline Residential, LLC
("Company", "us", "our", and "we"). Certain features of the Site may be subject to additional
guidelines, terms, or rules, which will be posted on the Site in connection
with such features. All such
additional terms, guidelines, and rules are incorporated by reference into
these Terms.
These
Terms of Use (these "Terms") set
forth the legally binding terms and conditions that govern your use of the
Site. By accessing or using the
Site, you are accepting these Terms (on behalf of yourself or the entity that
you represent), and you represent and warrant that you have the right,
authority, and capacity to enter into these Terms (on behalf of yourself or the
entity that you represent). you
may not access or use the Site or accept the Terms if you are not at least 18
years old. If you do not agree
with all of the provisions of these Terms, do not access and/or use the Site.
These
terms require the use of arbitration (Section 10.2) on an individual basis to
resolve disputes, rather than jury trials or class actions, and also limit the
remedies available to you in the event of a dispute.
Accounts
Account Creation. In order to use certain features of the Site,
you must register for an account ("Account")
and provide certain information about yourself as prompted by the account
registration form. You represent
and warrant that: (a) all required registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such information.
You may delete your Account at any time, for any reason, by following the
instructions on the Site. Company
may suspend or terminate your Account in accordance with Section 8.
Account Responsibilities. You are responsible for maintaining the confidentiality of
your Account login information and are fully responsible for all activities
that occur under your Account. You
agree to immediately notify Company of any unauthorized use, or suspected
unauthorized use of your Account or any other breach of security. Company cannot and will not be liable
for any loss or damage arising from your failure to comply with the above
requirements.
Access to the Site
License. Subject to these Terms, Company grants you a
non-transferable, non-exclusive, revocable, limited license to use and access
the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights granted to you in these Terms are
subject to the following restrictions: (a) you shall not license, sell, rent,
lease, transfer, assign, distribute, host, or otherwise commercially exploit
the Site, whether in whole or in part, or any content displayed on the Site;
(b) you shall not modify, make derivative works of, disassemble, reverse
compile or reverse engineer any part of the Site; (c) you shall not access the
Site in order to build a similar or competitive website, product, or service;
and (d) except as expressly stated herein, no part of the Site may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means.
Unless otherwise indicated, any future release, update, or other addition
to functionality of the Site shall be subject to these Terms. All copyright and other proprietary
notices on the Site (or on any content displayed on the Site) must be retained
on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend,
or discontinue the Site (in whole or in part) with or without notice to
you. You agree that Company will
not be liable to you or to any third party for any modification, suspension, or
discontinuation of the Site or any part thereof.
No Support or Maintenance. You acknowledge and agree that Company will have no
obligation to provide you with any support or maintenance in connection with
the Site.
Ownership. Excluding any User Content that you may provide (defined below), you
acknowledge that all the intellectual property rights, including copyrights,
patents, trade marks, and trade secrets, in the Site and its content are owned
by Company or Company's suppliers.
Neither these Terms (nor your access to the Site) transfers to you or
any third party any rights, title or interest in or to such intellectual
property rights, except for the limited access rights expressly set forth in
Section 2.1. Company and its suppliers reserve all rights not granted in these
Terms. There are no implied
licenses granted under these Terms.
User Content
User Content. "User Content"
means any and all information and content that a user submits to, or uses with,
the Site (e.g., content in the user's profile or postings). You are solely responsible for your
User Content. You assume all risks
associated with use of your User Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure of your User
Content that personally identifies you or any third party. You hereby represent and warrant that
your User Content does not violate our Acceptable Use Policy (defined in
Section 3.3). You may not
represent or imply to others that your User Content is in any way provided,
sponsored or endorsed by Company.
Because you alone are responsible for your User Content, you may expose
yourself to liability if, for example, your User Content violates the
Acceptable Use Policy. Company is
not obligated to backup any User Content, and your User Content may be deleted
at any time without prior notice.
You are solely responsible for creating and maintaining your own backup
copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you
have the right to grant) to Company an irrevocable, nonexclusive, royalty-free
and fully paid, worldwide license to reproduce, distribute, publicly display
and perform, prepare derivative works of, incorporate into other works, and
otherwise use and exploit your User Content, and to grant sublicenses of the
foregoing rights, solely for the purposes of including your User Content in the
Site. You hereby irrevocably waive
(and agree to cause to be waived) any claims and assertions of moral rights or
attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
You
agree not to use the Site to collect, upload, transmit, display, or distribute
any User Content (i) that violates any third-party right, including any
copyright, trademark, patent, trade secret, moral right, privacy right, right
of publicity, or any other intellectual property or proprietary right; (ii)
that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive
of another's privacy, vulgar, defamatory, false, intentionally misleading,
trade libelous, pornographic, obscene, patently offensive, promotes racism,
bigotry, hatred, or physical harm of any kind against any group or individual
or is otherwise objectionable; (iii) that is harmful to minors in any way; or
(iv) that is in violation of any law, regulation, or obligations or
restrictions imposed by any third party.
In
addition, you agree not to: (i) upload, transmit, or distribute to or through
the Site any computer viruses, worms, or any software intended to damage or
alter a computer system or data; (ii) send through the Site unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of duplicative or unsolicited
messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble
information or data regarding other users, including e-mail addresses, without
their consent; (iv) interfere with, disrupt, or create an undue burden on
servers or networks connected to the Site, or violate the regulations, policies
or procedures of such networks; (v) attempt to gain unauthorized access to the
Site (or to other computer systems or networks connected to or used together
with the Site), whether through password mining or any other means; (vi) harass
or interfere with any other user's use and enjoyment of the Site; or (vi) use
software or automated agents or scripts to produce multiple accounts on the
Site, or to generate automated searches, requests, or queries to (or to strip,
scrape, or mine data from) the Site (provided, however, that we conditionally
grant to the operators of public search engines revocable permission to use
spiders to copy materials from the Site for the sole purpose of and solely to
the extent necessary for creating publicly available searchable indices of the
materials, but not caches or archives of such materials, subject to the parameters
set forth in our robots.txt file).
By
submitting a query or otherwise reviewing the information on this website
concerning real property listings (the "Data") you agree to the following: (i)
you will not access the Data through automated or high-volume means; and (ii)
you will not "scrape," harvest or otherwise copy the Data except pursuant to
your personal non-commercial use of the Data solely to identify real property
listings that you may be interested in investigating further.
Consumer-broker Relationship
You
acknowledge and agree that (i) you are entering into a lawful consumer-broker
relationship with Company; (ii) you have a bona fide interest in the purchase,
sale, or lease of real estate of the type being offered through Company and/or
the Site; (iii) you will only use the information from the Site for your
personal, non- commercial use, except in connection with your consideration of
the purchase and sale of an individual property; and (iv) you will not copy,
redistribute, or retransmit any of the data or information provided through the
Site except in connection with your consideration of the purchase and sale of
an individual property. For
Multiple Listing Service (MLS) listings, you also acknowledge the MLS's
ownership of, and the validity of the MLS's copyright in, the MLS database
compilation, as well as the ownership and validity of copyright of the
individual broker in specific listing content. You also acknowledge and agree
that your are at least eighteen (18) years of age and will act in accordance
with these Terms at all times.
REBNY
and/or RLS Brokers (and each of their duly authorized representatives) are
hereby authorized to access the Site for the purposes of verifying compliance
with the provisions of REBNY agreement and applicable RLS rules or policies.
Enforcement. We reserve the right (but have no obligation)
to review any User Content, and to investigate and/or take appropriate action
against you in our sole discretion if you violate the Acceptable Use Policy or
any other provision of these Terms or otherwise create liability for us or any
other person. Such action may include removing or modifying your User Content,
terminating your Account in accordance with Section 8, and/or reporting you to
law enforcement authorities.
Feedback. If you provide Company with any feedback or suggestions
regarding the Site ("Feedback"), you
hereby assign to Company all rights in such Feedback and agree that Company
shall have the right to use and fully exploit such Feedback and related
information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as
non-confidential and non-proprietary.
You agree that you will not submit to Company any information or ideas
that you consider to be confidential or proprietary.
Indemnification. You agree to indemnify and
hold Company (and its officers, employees, and agents) harmless, including
costs and attorneys' fees, from any claim or demand made by any third party due
to or arising out of (a) your use of the Site, (b) your violation of these
Terms, (c) your violation of applicable laws or regulations or (d) your User
Content. Company reserves the
right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate with our
defense of these claims. You agree
not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other
Users
Third-Party Links &
Ads. The Site may contain links
to third-party websites and services, and/or display advertisements for third
parties (collectively, "Third-Party
Links & Ads"). Such
Third-Party Links & Ads are not under the control of Company, and Company
is not responsible for any Third-Party Links & Ads. Company provides access to these
Third-Party Links & Ads only as a convenience to you, and does not review,
approve, monitor, endorse, warrant, or make any representations with respect to
Third-Party Links & Ads. You
use all Third-Party Links & Ads at your own risk, and should apply a
suitable level of caution and discretion in doing so. When you click on any of
the Third-Party Links & Ads, the applicable third party's terms and
policies apply, including the third party's privacy and data gathering
practices. You should make
whatever investigation you feel necessary or appropriate before proceeding with
any transaction in connection with such Third-Party Links & Ads.
Other Users. Each Site user is solely responsible for any
and all of its own User Content.
Because we do not control User Content, you acknowledge and agree that
we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the
accuracy, currency, suitability, or quality of any User Content. Your interactions with other Site users
are solely between you and such users.
You agree that Company will not be responsible for any loss or damage
incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are
under no obligation to become involved.
Release. You hereby release and forever discharge the Company (and our
officers, employees, agents, successors, and assigns) from, and hereby waive
and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action and cause of action
of every kind and nature (including personal injuries, death, and property
damage), that has arisen or arises directly or indirectly out of, or that
relates directly or indirectly to, the Site (including any interactions with,
or act or omission of, other Site users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU
HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE
FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Disclaimers
THE SITE IS PROVIDED ON AN "AS-IS" AND
"AS AVAILABLE" BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. WE (AND OUR
SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE
ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR
SAFE. IF APPLICABLE LAW REQUIRES
ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN
DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. SOME JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Limitation on Liability
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,
COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR
COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO
THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED
TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S.
$50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE
NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Term and Termination. Subject to this Section,
these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights
to use the Site (including your Account) at any time for any reason at our sole
discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under
these Terms, your Account and right to access and use the Site will terminate
immediately. You understand that
any termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not have any liability whatsoever to you for
any termination of your rights under these Terms, including for termination of
your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2.2 through
2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
• Company
respects the intellectual property of others and asks that users of our Site do
the same. In connection with our
Site, we have adopted and implemented a policy respecting copyright law that
provides for the removal of any infringing materials and for the termination,
in appropriate circumstances, of users of our online Site who are repeat
infringers of intellectual property rights, including copyrights. If you believe that one of our users
is, through the use of our Site, unlawfully infringing the copyright(s) in a
work, and wish to have the allegedly infringing material removed, the following
information in the form of a written notification (pursuant to 17 U.S.C. ¤
512(c)) must be provided to our designated Copyright Agent:
• your
physical or electronic signature;
• identification
of the copyrighted work(s) that you claim to have been infringed;
• identification
of the material on our services that you claim is infringing and that you
request us to remove;
• sufficient
information to permit us to locate such material;
• your
address, telephone number, and e-mail address;
• a
statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law;
and
• a
statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the
copyright owner.
Please note that, pursuant
to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a
written notification automatically subjects the complaining party to liability
for any damages, costs and attorney's fees incurred by us in connection with
the written notification and allegation of copyright infringement.
*Please fill in the following
fields once you have registered with the Copyright Office and delete the yellow
highlighted text:*
The designated Copyright
Agent for Company is: Daniel Chvatik
Designated Agent: Daniel
Chvatik
Address of Agent: 32 W
39th Street, 4th Floor
Telephone: 212.960.8740
Email: contact@hlresidential.com
General
Changes. These Terms are subject to occasional revision, and if we
make any substantial changes, we may notify you by sending you an e-mail to the
last e-mail address you provided to us (if any), and/or by prominently posting
notice of the changes on our Site.
You are responsible for providing us with your most current e-mail
address. In the event that the
last e-mail address that you have provided us is not valid, or for any reason
is not capable of delivering to you the notice described above, our dispatch of
the e-mail containing such notice will nonetheless constitute effective notice
of the changes described in the notice.
Any changes to these Terms will be effective upon the earlier of thirty
(30) calendar days following our dispatch of an e-mail notice to you (if
applicable) or thirty (30) calendar days following our posting of notice of the
changes on our Site. These changes
will be effective immediately for new users of our Site. Continued use of our Site following
notice of such changes shall indicate your acknowledgement of such changes and
agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement
carefully. It is part of your
contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND
A CLASS ACTION WAIVER.
Applicability of
Arbitration Agreement. All claims and disputes
(excluding claims for injunctive or other equitable relief as set forth below)
in connection with the Terms or the use of any product or service provided by
the Company that cannot be resolved informally or in small claims court shall
be resolved by binding arbitration on an individual basis under the terms of
this Arbitration Agreement. Unless
otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to
you and the Company, and to any subsidiaries, affiliates, agents, employees,
predecessors in interest, successors, and assigns, as well as all authorized or
unauthorized users or beneficiaries of services or goods provided under the
Terms.
Notice Requirement and
Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to
the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute,
and the requested relief. A Notice
to the Company should be sent to: 32 W 39th Street, 4th Floor, , New York, New
York 10018. After the Notice is
received, you and the Company may attempt to resolve the claim or dispute
informally. If you and the Company
do not resolve the claim or dispute within thirty (30) days after the Notice is
received, either party may begin an arbitration proceeding. The amount of any settlement offer made
by any party may not be disclosed to the arbitrator until after the arbitrator
has determined the amount of the award, if any, to which either party is
entitled.
Arbitration
Rules. Arbitration shall be
initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration
as set forth in this section. If
AAA is not available to arbitrate, the parties shall agree to select an
alternative ADR Provider. The
rules of the ADR Provider shall govern all aspects of the arbitration,
including but not limited to the method of initiating and/or demanding
arbitration, except to the extent such rules are in conflict with the
Terms. The AAA Consumer
Arbitration Rules ("Arbitration Rules")
governing the arbitration are available online at www.adr.org or by calling the
AAA at 1-800-778-7879. The
arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total
amount of the award sought is less than Ten Thousand U.S. Dollars (US
$10,000.00) may be resolved through binding non-appearance-based arbitration,
at the option of the party seeking relief. For claims or disputes where the total amount of the award
sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a
hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of
your residence, unless you reside outside of the United States, and unless the
parties agree otherwise. If you
reside outside of the U.S., the arbitrator shall give the parties reasonable
notice of the date, time and place of any oral hearings. Any judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction. If the arbitrator
grants you an award that is greater than the last settlement offer that the
Company made to you prior to the initiation of arbitration, the Company will
pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney's
fees) and disbursements arising out of the arbitration and shall pay an equal
share of the fees and costs of the ADR Provider.
Additional Rules for
Non-Appearance Based Arbitration. If
non-appearance based arbitration is elected, the arbitration shall be conducted
by telephone, online and/or based solely on written submissions; the specific
manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the
parties.
Time Limits. If you or the Company pursue arbitration, the arbitration
action must be initiated and/or demanded within the statute of limitations
(i.e., the legal deadline for filing a claim) and within any deadline imposed
under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the
arbitrator will decide the rights and liabilities, if any, of you and the
Company, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties.
The arbitrator shall have the authority to grant motions dispositive of
all or part of any claim. The
arbitrator shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law,
the AAA Rules, and the Terms. The
arbitrator shall issue a written award and statement of decision describing the
essential findings and conclusions on which the award is based, including the
calculation of any damages awarded.
The arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you
and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY
RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead
electing that all claims and disputes shall be resolved by arbitration under
this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and
less costly than rules applicable in a court and are subject to very limited
review by a court. In the event
any litigation should arise between you and the Company in any state or federal
court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND
THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute
be resolved by a judge.
Waiver of Class or
Consolidated Actions. ALL CLAIMS AND DISPUTES
WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED
ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE
CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH
THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration
proceeding, including but not limited to the award of the arbitrator and
compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless
otherwise required by law. This
paragraph shall not prevent a party from submitting to a court of law any
information necessary to enforce this Agreement, to enforce an arbitration
award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this
Arbitration Agreement are found under the law to be invalid or unenforceable by
a court of competent jurisdiction, then such specific part or parts shall be of
no force and effect and shall be severed and the remainder of the Agreement
shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration Agreement may be waived by the party against whom the claim is
asserted. Such waiver shall not
waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive
the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may
bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either
party may seek emergency equitable relief before a state or federal court in
order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver
of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to
Arbitration. Notwithstanding the
foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act,
and infringement or misappropriation of the other party's patent, copyright,
trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration
Agreement permits the parties to litigate in court, the parties hereby agree to
submit to the personal jurisdiction of the courts located within USA County,
New York, for such purpose
Export. The Site may be subject to
U.S. export control laws and may be subject to export or import regulations in
other countries. You agree not to export, reexport, or transfer, directly or
indirectly, any U.S. technical data acquired from Company, or any products
utilizing such data, in violation of the United States export laws or
regulations.
Disclosures. Company is located at the address in Section 10.8. If you
are a California resident, you may report complaints to the Complaint
Assistance Unit of the Division of Consumer Product of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street,
Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic
means, whether you use the Site or send us emails, or whether Company posts
notices on the Site or communicates with you via email. For contractual purposes,
you (a) consent to receive communications from Company in an electronic form;
and (b) agree that all terms and conditions, agreements, notices, disclosures,
and other communications that Company provides to you electronically satisfy
any legal requirement that such communications would satisfy if it were be in a
hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute
the entire agreement between you and us regarding the use of the Site. Our
failure to exercise or enforce any right or provision of these Terms shall not
operate as a waiver of such right or provision. The section titles in these
Terms are for convenience only and have no legal or contractual effect. The
word "including" means "including without limitation". If any provision of these Terms is, for
any reason, held to be invalid or unenforceable, the other provisions of these
Terms will be unimpaired and the invalid or unenforceable provision will be
deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your
relationship to Company is that of an independent contractor, and neither party
is an agent or partner of the other.
These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without
Company's prior written consent, and any attempted assignment, subcontract,
delegation, or transfer in violation of the foregoing will be null and
void. Company may freely assign
these Terms. The terms and conditions
set forth in these Terms shall be binding upon assignees.
Copyright/Trademark
Information. Copyright © 2019 Highline Residential,
LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Site are our
property or the property of other third parties. You are not permitted to use
these Marks without our prior written consent or the consent of such third
party which may own the Marks.
Contact Information:
Jaspreet Sing
Address:
32 W 39th Street, 4th Floor
New York, New York 10018
Telephone: 212.960.8740
Email: contact@hlresidential.com
