Terms and Conditions

The submission of information to, and use of, the real estate information services (collectively, the “Service”) available through www.brighthorizonsny.com is subject to the following terms and conditions (the “Terms and Conditions” or the “Agreement”). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user User (“User”) AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and BrighthorizonsNy (“BrighthorizonsNy” or the “Company”). You also agree to the BrighthorizonsNy Privacy Policy which is available on this page.

If you do not agree to these Terms and Conditions and Privacy Policy, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: [email protected]

BrighthorizonsNy may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the BrighthorizonsNy website.

Brighthorizonsny.com and Brighthorizonsny

The site provides an advertising and marketing service for relevant products and services for the individual home seller and buyer. BrighthorizonsNy a Licensed Real Estate Broker, licensed to do business in New York. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided. Square footage numbers are only estimates and should be independently verified. No legal, tax, financial or accounting advice provided. The services which are marketed on BrighthorizonsNy.com are provided by licensed real estate brokers and other professional service providers. Note that service is not available in all areas.

MLS and Other Services

Brighthorizonsny.com you access to licensed real estate brokers, including BrighthorizonsNy who will list your home in the local Multiple Listing Service (MLS) or other relevant shared listings database for a flat fee. Brighthorizonsny.com also provides introductions to licensed real estate brokers who can provide you with full service, buyer or seller representation at reduced commission rates. Please note that service is not available in all areas. Final terms for full service buyer and seller representation are subject to negotiation between you and the licensed real estate broker we introduce to you.

Any complimentary services offered to you or on a promotional basis are not guaranteed and are subject to availability. In the event BrighthorizonsNy is unable to provide a service that has been offered to you on a complimentary basis, there shall be no cash value or refund payable associated with the undelivered portion of the service.

Once your order is submitted to Brighthorizonsny.com your contact information will be sent to a real estate broker who is licensed in your state. Your broker will provide you with forms to fill out, sign and return which may include an Agency Disclosure Form, a Listing Agreement, a Lead-Based Paint Disclosure Form, a Fair Housing Disclosure Form and a Seller Property Condition Disclosure Form.

A MLS listing does not guarantee a sale. MLS listings are provided by local licensed real estate brokers in your area, including BrighthorizonsNy. This is a not a solicitation if you are already working with a broker. BrighthorizonsNy is not liable for any errors or omissions of its partner brokers providing final MLS listing services to you. The listing agreement of the local broker determines final services provided.

By browsing our site you understand our Terms of Service. A MLS listing requires the payment of a commission to a buyer’s agent if the buyer agent’s client purchases your property. The commission amount you wish to offer to buyers’ agents is determined by you. In order to complete your listing you will be required to complete an exclusive listing agreement in order to list your property. You will also be required to provide property information required by the MLS. Your speed in providing the same to us or our partner brokers will determine how long it takes to list your property. Prompt responses can result in your property being listed on the MLS within 2 business days. MLS listings are not available in all areas. All transactions are assumed to occur in the state of New York and you agree to be bound by New York laws. Disputes if any will be settled or litigated in New York County in New York State.

By requesting a referral through our website you also agree to be bound by the terms of service of your MLS listing agreement. Listing on some websites might not be available and may be subject to the terms and conditions of your local MLS board.

Website Access and Communication

No employee, independent contractor, agent or affiliate of a competing real estate service is permitted to access the BrighthorizonsNy website without express written permission from BrighthorizonsNy. BrighthorizonsNy has the right to refuse service to any member, individual, organization or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein or abuses their rights related to the BrighthorizonsNy service.

BrighthorizonsNy utilizes email as a vital and primary communication channel with Users. As a User or member of our newsletter or other distribution, you hereby acknowledge and grant BrighthorizonsNy the permission to communicate with Users via email (as well as other communication channels such as phone and mail) for any purposes BrighthorizonsNy determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. BrighthorizonsNy will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will BrighthorizonsNy have any liability for sending any email to Users.

As a User you acknowledge and agree that BrighthorizonsNy and our affiliates may record telephone and other electronic communications it has with you for any business purpose, including but not limited to marketing, training and quality assurance purposes.

Submission and Administration of Listings

User has had and shall have the opportunity to submit to BrighthorizonsNy property descriptions, photographs, images, videos (which may have sound/music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing. You represent and warrant that (a) you own or have the full right, power and authority to grant to BrighthorizonsNy and our affiliates use of and rights to all Submitted Content that you upload, post, e-mail or otherwise transmit to BrighthorizonsNy or our affiliates; (b) your license of such content to BrighthorizonsNy and our affiliates hereunder does not, and the use or license of such content by BrighthorizonsNy to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, BrighthorizonsNy acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant BrighthorizonsNy and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that BrighthorizonsNy may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by BrighthorizonsNy and its affiliates). User agrees not to submit any Submitted Content to BrighthorizonsNy unless the User has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing online. Specifically, User will not submit a photograph if User received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video online. Users may only submit videos personally created by User or User’s direct employees. Users may not upload or otherwise submit videos created or produced by third party video tour providers. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Users who are alleged to have submitted property listings, Submitted Content or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or knowingly violates this Agreement. User agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the BrighthorizonsNy website. User shall not use robot, spider or other automated service to submit listings on the BrighthorizonsNy website. Additionally, the User agrees to allow submitted property listing(s) and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User’s website, the BrighthorizonsNy website and other BrighthorizonsNy partner or affiliate websites. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the BrighthorizonsNy website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The User (a) represents and warrants that all properties and associated information provided by the User, including Submitted Content, will be accurate; (b) agrees to administer the properties provided by the User and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted online or in the MLS. The User is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the User. While the Company shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to BrighthorizonsNy.com. BrighthorizonsNy may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. User agrees that BrighthorizonsNy may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings as having been supplied to the User. User accepts that this is a legitimate and lawful security precaution on the part of BrighthorizonsNy and accepts further that in the event that any third party has access to property listings that can be identified as having User’s unique adjustments a prima facie breach of security and of these Terms of Use on the part of User may be assumed by BrighthorizonsNy.

Use of Information

User agrees to treat all information obtained from the Service and any information otherwise made available to User in the Service (individually and collectively, the “Content”) as proprietary to BrighthorizonsNy. BrighthorizonsNy does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User’s own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.

BrighthorizonsNy valuation reports and other similar information, reports and services provided by our affiliates, and any and all Content offered by BrighthorizonsNy to User ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY BRIGHTHORIZONSNY USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

User shall limit access to and use of the Content to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device. User further shall not use the Service in any other manner for or in connection with any other listing service or device. User shall not use the Service as part of any effort to compete with BrighthorizonsNy including without limitation using the Service to provide, alone or in combination with any other product or service, any services to any third party or any use that causes a reduction or loss of an existing or potential BrighthorizonsNy User, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy BrighthorizonsNy products, services or information; decompile, decode or reverse engineer BrighthorizonsNy software; or use BrighthorizonsNy products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.

Unsolicited Commercial Email or Spam

BrighthorizonsNy prohibits the use of our system, its tools or our forums to generate, post or send unsolicited commercial email or spam. Users may not use any services that BrighthorizonsNy offers to send or post spam or otherwise deliver content that would violate these Terms and Conditions. BrighthorizonsNy has the right to revoke the privileges of any User or company that breaches these terms.

Termination

BrighthorizonsNy reserves the right to terminate or suspend a User’s membership or website access privileges at any time for violations of this Agreement or upon a good faith determination of a violation of this Agreement. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of BrighthorizonsNy services, nonpayment of fees owed by you in connection with BrighthorizonsNy services, account inactivity or technical or security issues. Upon termination, BrighthorizonsNy shall have no obligation to maintain or forward any content in your account.

Limitation of Liability and Indemnification

IN NO EVENT SHALL BRIGHTHORIZONSNY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF BRIGHTHORIZONSNY SERVICES ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and BrightHorizonsNy entire liability under this Agreement shall be a refund to User of the fees paid to BrighthorizonsNy hereunder, and in no event will BrighthorizonsNy liability for any reason exceed such fee. BrighthorizonsNy (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User’s use of the Deliverables, and User shall indemnify BrighthorizonsNy (and BrighthorizonsNy officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

Warranty Disclaimers

THE LISTINGS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BRIGHTHORIZONSNY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS AND SERVICES OR PROPERTY FACTS INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BRIGHTHORIZONS SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. BRIGHTHORIZONSNY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO BRIGHTHORIZONSNY SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM BRIGHTHORIZONSNY WEBSITE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO USER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRIGHTHORIZONSNY OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

Links to Third Party Sites

This website may contain hyperlinks to other websites operated by parties other than BrighthorizonsNy and its subsidiaries which are beyond BrighthorizonsNy control. Parties other than BrighthorizonsNy may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use BrighthorizonsNy logo as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the BrighthorizonsNy site. BrighthorizonsNy does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. BrighthorizonsNy does not assume any liability for the actions, product, and content of all of these and any other third parties. BrighthorizonsNy makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the BrighthorizonsNy site, the site you will land on is not controlled by BrighthorizonsNy and different terms of use and privacy statements may apply. BrighthorizonsNy also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

Other Rights of BrighthorizonsNy

User agrees that BrighthorizonsNy shall have the right to use any and all information submitted to BrightHorizonsNy and its affiliates for any purpose, including without limitation for publication of all or part of such information on the internet. User agrees that any information submitted to BrighthorizonsNy or its affiliates, which may include email communication with BrighthorizonsNy and its affiliates, may be modified and used without restriction by Brighthorizonsny and its partners.

Brighthorizonsny and its partners will have sole authority to choose the manner in which any information will be displayed and used by the Service, and reserves the right to remove all or any part of information displayed or posted or refuse Services to anyone at any time in its sole discretion.

User agrees that Brighthorizonsny has the right to register User for an account in BrighthorizonsNy Forum, and to post any and all content, including email correspondence that Brighthorizonsny deems useful on behalf of the User. Brighthorizonsny will make best efforts to redact actual names and contact information when posting.

Brighthorizonsny shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Service. Brighthorizonsny reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on BrightHorizonsNy website, located at www.brighthorizonsny.com.

Copyright Complaints

If you believe that your work has been copied onto BrighthorizonsNy in a way that constitutes copyright infringement, please provide BrighthorizonsNy copyright agent the written information specified below. Please note that this procedure is exclusively for notifying BrighthorizonsNy that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on BrighthorizonsNy with identifying information; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Email address for BrighthorizonsNy copyright agent: [email protected]. We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.

Brokers and Agents

Any User who identifies himself or herself as a broker or agent on the BrighthorizonsNy website or otherwise purports to be a broker hereby represents and warrants that User is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which User is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any User whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any User who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such User is not a licensed broker. BrighthorizonsNy does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers introduced through Brighthorizonsny

Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding the conflict of laws provisions of any state. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York (the “New York Courts”) for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters), (ii) agree not to commence any litigation arising out of or relating to this Agreement or the Company’s performance or nonperformance hereunder except in the New York Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the New York Courts represent the exclusive jurisdiction for all disputes arising out of or relating to this Agreement, or either parties’ performance or nonperformance thereunder. Disputes arising out of or relating to this Agreement shall include but not be limited to disputes arising out of or relating to your access to, use of and/or purchase of services or goods made available on Brighthorizonsny.com You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your use of the Site, the Agreement, or the Company’s performance or nonperformance under the Agreement, must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

Assignment

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by User without the prior written consent of BrighthorizonsNy which retains the right to withhold consent in its sole discretion.

Waiver and Severability

The failure of BrighthorizonsNy to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.

Fair Housing Commitment

BrighthorizonsNy supports an affirmative marketing program in which there is an absence of barriers to obtaining housing due to race, color, religion, sex, handicap, familial status, sexual orientation or national origin. Any conduct inconsistent with this policy will not be tolerated on the BrighthorizonsNy service and will be grounds for immediate termination of this agreement.

Notices

All notices to Company must be in writing and must be sent electronically to [email protected]

Entire Agreement

The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.

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