Welcome to https://www.newyorkrealestatelist.com! Before you access, purchase, or use our services, please take a moment to review and understand the terms and conditions outlined in this agreement (referred to as "this contract"). As the end user, buyer, or user of our service, it is important that you are aware of your rights and obligations.
By proceeding with accessing, purchasing, or registering for our service, you acknowledge that you have read and comprehended this contract. You agree to be bound by its terms and conditions, understanding that it holds the same legal validity as a signed, written contract. We reserve the right to make updates to this contract, and any modifications will become effective upon publication.
We encourage you to regularly review this contract to stay informed of any changes, additions, or deletions. Your continued access, purchase, or use of our service signifies your acceptance of any updates made to this contract. We appreciate your commitment to complying with these terms and look forward to providing you with exceptional service at https://www.newyorkrealestatelist.com.
By accessing and using our official website ("the site"), you are agreeing to comply with the terms and conditions outlined in this agreement, as well as any additional rules posted on the site. Your usage of the site should not disrupt its functionality or impair its responsiveness. If you engage in commercial activities on the site, it is essential to adhere to relevant laws, including the Can Spam Act and the GDPR.
You are responsible for the proper management of any information obtained from the site, ensuring the privacy and security of your username and password. Should you become aware of any unauthorized use of your login credentials, it is imperative to notify the company immediately. Any actions taken through your account will be considered your own. You will be held liable for any damages suffered by yourself or third parties due to the misuse, loss, or transfer of such data.
When creating an account on behalf of an organization, you affirm that you possess the appropriate authorization to act on behalf of that entity. Under no circumstances are you allowed to transfer or grant third parties access to your generated username, password, or membership profiles.
Our company endeavors to comply with applicable laws regarding data collection and processing. We have implemented a Legitimate Interest Assessment (LIA) in accordance with the GDPR and will periodically update it. However, we cannot guarantee the data"s use or accuracy. It is your responsibility to ensure compliance with relevant laws, including telemarketing, email marketing, fax marketing, consumer solicitation, data security, and privacy laws, when utilizing the data.
You assume legal, administrative, and criminal responsibility for the use of the information obtained. Our company shall not be held directly or indirectly liable for any damages caused by third parties resulting from your actions on the site, your use of the information, or any violations of these terms or applicable laws. Any complaints or damages arising from the unauthorized use of the data or your failure to fulfill your obligations under these terms will be directed to you, and you will be required to address any related payment requests. You agree to indemnify the company against any unlawful use of the data.
The terms and conditions explicitly prohibit the resale or publication of the data, or the provision of access to third parties, whether in whole or in part. The data may only be used for the purposes specified in these terms and conditions. Direct competition with the company"s services using the data is strictly prohibited. However, you may utilize the data (including in combination with other data points) to create machine learning models for the insurance industry ("derivatives"). You will retain ownership of such derivatives and are free to exploit and commercialize them without any restrictions.
Please note that the sale of data is final and non-refundable. Once you submit your order, you enter into a legally binding purchase transaction. By proceeding, you authorize the company to charge the full amount for any data acquired through the website.
Email DatabasesNote: The purchase of email databases is final and non-refundable.
We strive to maintain a deliverability guarantee of 95% for all email addresses. If your deliverability rate falls below 95% and you can provide verifiable proof, we will be happy to accept your request and promptly replace the affected email addresses with new contacts.
Upon approval of your payment, we will send you an email containing a secure download link to access the complete product in an Excel/CSV file format. Once the database is successfully downloaded, you will have unrestricted access to the entire product.
Please note: Refunds cannot be issued after the database has been completely downloaded. Payments can be made conveniently through either an invoice or our secure website.
Non-Email DatabasesOur focus is on delivering downloadable products directly to you via email. Once your payment is completed, we will promptly send you an email with a secure download link for the product. After the product has been downloaded, you will gain full access to its contents.
Please be aware: Refunds are not available for downloaded products.
Important: By proceeding with your transaction, you are entering into a binding purchase agreement, and the credits you purchase are non-refundable.
It is important to note that all payments are processed through a trusted third-party payment gateway that handles the storage of credit card information. We want to ensure that you understand and agree that the company cannot be held responsible for the data storage practices employed by the payment processor.
By proceeding with the sale, you acknowledge and confirm that the contact's name, phone number, email, personal contact details, and financial information provided are accurate and authentic. It is essential to ensure the correctness of this information, as the company cannot be held responsible if the data becomes unusable due to any inaccuracies or delays in providing the required information.
The company holds all intellectual property rights to the software, graphics, designs, writings, logos, and illustrations used on the website. Unauthorized copying or use of this information or software for purposes other than those intended by the website is strictly prohibited. Similarly, copying, distributing, processing, or using the pictures, texts, images, documents, and other materials on the website in any other way is also prohibited. Any actions that disrupt the functioning of the website's software or interfere with other users' use of the website are strictly prohibited. This includes placing excessive burden on the website, accessing or modifying website content, or using software that may interfere with its operation. Additionally, attempting to access the company's servers, reverse engineering, attacking, or interfering with the operation of any software, hardware, or servers is strictly prohibited.
The company reserves the right to unilaterally amend, add to, or update these terms, as well as the privacy policy and other published terms, at its sole discretion. The company also reserves the right to reorganize the website, change its subject matter, scope, and content, discontinue the sale of devices through the website, or suspend the website without prior notice or justification.
The privacy policy governs the use of user information. The company agrees to use and disclose user information only within the scope outlined in these terms and the privacy policy, and not to disclose it to third parties. In some cases, the company may use cookies to collect non-personal information for better understanding of users and to improve the website's utility, performance, and effectiveness. By using the website, users consent to the use of their information in this manner. The company may also utilize the information provided by users to create profiles, conduct statistical analyses, and carry out marketing operations based on this information.
Users understand and agree that access to the website may be temporarily restricted in order to implement upgrades and other changes to the site.
1. The Company retains the right to temporarily or permanently revoke the User's access and/or utilization of the Website in the event that the User fails to adhere to these Terms and other terms and rules published on the Website, if the User's actions pose legal, technical, and particularly information security risks, or if the User infringes upon the individual and commercial rights of third parties. The User may not assert any claims in this regard.
2. The Company reserves the right to cancel or suspend the Website and/or these Terms at any time for an indeterminate or fixed period.
Upon the User accessing the Website, these Terms and Conditions, its fundamental element, the Privacy Policy, and all other terms and conditions indicated on the Website will become effective.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SIGNIFICANT IMPACT ON HOW CLAIMS BETWEEN YOU AND THE COMPANY ARE RESOLVED.
The User and the Company agree that any claim or dispute at law or in equity that has arisen or may arise between us regarding or arising out of this or previous versions of this Agreement, your use of or access to the services, or any products or services sold or purchased through the services, will be resolved according to the provisions outlined in this Legal Disputes Section.
Except as expressly stated in the User Agreement, the User agrees that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern the Terms of Use and any claim or dispute that has arisen or may arise between you and the Company.
In the event of a dispute or claim that has arisen or may arise between you and the Company in any way relating to or arising from this or previous versions of the Terms of Use, your use or access to the Company's Services or any products or services sold, offered, or purchased through the Company's Services, a binding arbitration agreement between the User and the Company will be reached exclusively through binding arbitration.
The interpretation and enforcement of the arbitration agreement are governed by the Federal Arbitration Act (Federal Arbitration Act). The arbitration will be conducted by the American Arbitration Association ( "AAA ") according to its rules and procedures, including (where applicable) the AAA's Consumer Arbitration Rules, as modified by this Agreement to Arbitrate. The AAA will appoint the arbitrator.
If you have any questions about the AAA's guidelines, you can contact them at 1-800-778-7879 or visit their website at www.adr. org. However, the use of the term "arbitrator " in this provision should not be construed as a prohibition on more than one arbitrator preside over an arbitration; rather, the rules of the American Arbitration Association will govern the number of arbitrators who may preside over an arbitration conducted under this Agreement to Arbitrate.
The losing party will be responsible for the costs of the arbitration, which include legal fees.
The company shall not be liable for any damages that may arise from the access or use of the website or the data, other data, programs, or other materials available on the website or any other website linked to the website. This includes any issues such as transaction interruptions, data deletion or loss, transaction or communication delays, computer viruses, communication errors, theft, destruction, or unauthorized access to, change, or use of records that may occur as a result of a breach of these terms, torts, omissions, or any other reason, including but not limited to negligence. The user agrees to hold the company harmless from any liabilities, claims, and damages that may arise from access to the website or other linked websites, use or visitation of the website, or the use or misuse of the data.
As part of the website, there may be links to third-party websites and/or platforms, files, or contents that the company does not control, as well as third-party services being offered. The user acknowledges that such links are not offered to support the website or its operator, nor do they represent an undertaking or assurance regarding the website or its contents.
To the greatest extent permitted by applicable law, the company is not liable for any damages incurred as a result of the use of the website and data, including but not limited to loss of profit, loss of goodwill, or loss of business reputation. The data is provided "as is " with no promise that it will be useful for any specific purpose. Data, features, and other content on the website are provided "as is, " and the company makes no commitment or undertaking regarding their accuracy, correctness, or security. The company also disclaims all express and implied guarantees, including but not limited to implied warranties and conditions of merchantability and fitness for a specific purpose or use, as well as non-breach.
The user acknowledges that the availability and quality of the website and the contents provided via the website depend on the service quality provided by the relevant internet service provider, and the company is not responsible for any problems arising from such service quality. They also acknowledge that the operation of the website is not error-free and malfunction is possible.
When using the website or transferring data to or from it, the user acknowledges that the company cannot guarantee the absence of viruses, worms, or other attacks, as well as unauthorized access to or transfers from or to the website. The company is also not obligated to provide support, maintenance, updates, or new versions concerning the software.