Last Updated March, 2019
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE OR SERVICE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHICH MAY BE MODIFIED FROM TIME TO TIME.
The disclaimer, limitation of liability and indemnification provisions set forth in these Terms, are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use this Website, without which agreement Pine Management would not enter into this agreement or permit you to use this Website or Service. If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to discontinue your use of this Website immediately.
The Website and Service enable persons (“Users”) to access information about our company and its real estate listings and related services. Users may also access Third Party Services, as defined below, through the Website.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access and use the Website and Services. Printing of any materials from this Website is strictly limited to personal, non-commercial use. You may not create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service. You may not copy (except as expressly permitted by these Terms) or publish the Website or Service for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website or Service, if any). Any attempt to do so is a violation of Pine Management’s intellectual property rights which may result in civil or criminal penalties. You may not use the Website or Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
Pine Management Content
The Website and Service contain materials which are Pine Management’s intellectual property. These materials include all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, source code, software compilations, and other materials in which Pine Management holds copyright, trademark or other intellectual property rights (collectively “Pine Management Content”). You may not copy, modify, publish, transmit, publicly display, create derivative works from, or in any other way exploit Pine Management Content without our express written consent. We do not convey, through allowing access to the Website or Service, any ownership rights in the Pine Management Content.
You represent and warrant that: (i) you are at least eighteen (18) years old; (ii) you have the right, capacity and authority to be bound by these Terms; and (iii) you will abide by all these Terms.
Website and Service Provided from the United States
The Website and Service are controlled and operated by Pine Management from the state of New York in the United States and are not intended to subject Pine Management or its affiliates to the laws or jurisdiction of any state, country or territory other than that of New York. Pine Management does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
Third Party Services
The Website contains links to a number of services provided by third parties (“Third Party Services”). Third Party Services include, but are not limited to, services which allow Users to submit a rental payment or maintenance repair request, view the status of repairs, update their contact information and notification preferences, receive notifications of building maintenance and issues, obtain contact information for building resources, or submit an application. Third Party Services are Third Party Content, as defined below, and may be subject to terms of service that differ from these Terms.
Payments; Transaction Acceptance
Your receipt of an electronic or other form of transaction confirmation does not signify our acceptance of your transaction nor does it constitute confirmation of our offer to provide services. We reserve the right, at any time, to accept or decline your electronic request for any or no reason, even after the payment has been processed online by a third party. Furthermore, we may need to verify any information you provide to us before we accept or process any transaction.
You are solely responsible for any charges or taxes incurred in connection with transactions you initiate on the Website and Services and agree to pay of any such charges.
Correction of Errors and Inaccuracies
The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. Pine Management reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event that a listing or information posted by Pine Management is inaccurate due to typographical error or error in information or for any other reason, Pine Management shall have no responsibility therefor. The display of products on this Website shall not constitute an offer to sell. Pictures are provided for illustration purposes only. Please note that such errors, inaccuracies or omissions may relate to information contained in a listing or elsewhere on the Website, including, but not limited to, descriptions, pictures, pricing and availability.
Rules of Conduct
In connection with your use of the Website and Service, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Website or Service any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or Service, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Website or Service for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other Users; (vi) violate any applicable local, state, federal or international law and any regulations, requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Website or Service; (viii) transmit, access or communicate any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (ix) monitor traffic on the Website or Service, obtain or accumulate personal information about other Users, or collect or store personal data about other Users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other Users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Website or Service in any manner that in our sole judgment, adversely affects the performance or function of the Website or Service or interferes with the ability of other Users to access or utilize the Website or Service; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Website or Service only for purposes that are in strict compliance with: (a) the Terms and the license granted hereunder; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation. We reserve the right to block your access to the Website and Service if we determine that you have failed to comply with these terms, provisions and conditions. This is in addition to all other remedies we may have at law, in equity or otherwise.
These Terms are for the sole benefit of Pine Management and its affiliates and their respective shareholders, members, managers, directors, officers, employees and agents. No third party (including any Users of this Website) shall have the right to assert a claim under these terms, provisions and conditions. We reserve the right to suspend or cease providing the Website and/or Service, with or without notice, and we shall have no liability or responsibility to you if we do so.
Third Party Content
The Website and Service may contain links to other websites (“Third Party Websites”) including Third Party Services, or content including graphics and photos, that are owned or operated by third parties and may be of interest to our Users (collectively, “Third Party Content”). Pine Management does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. Links provided on this Website to third party websites are provided solely as a convenience to you and the provision of a link to a Third Party Website does not constitute an endorsement by Pine Management of such Third Party Website or its provider or any of the content, products or services contained or offered in such Third Party Website. Pine Management makes no representation or warranty, express, implied or otherwise, concerning the accuracy, availability or lawfulness of any Third Party Website. The links to each Third Party Website are provided for reference and as citations and are not intended to state or imply that Pine Management is affiliated or associated with, or legally authorized to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol or material contained in the link.
These Terms do not govern your interactions with Third Party Content or the practices of the operators of Third Party Websites, including but not limited to, Third Party Websites which process applications or gather information about you (which may in certain circumstances include consumer reports as defined in the Fair Credit Reporting Act) on behalf of Pine Management or process payments on our behalf. We encourage you to read and consider the policies of these Third Party Websites before using them. We are not responsible for the terms, policies or practices or the content of any Third Party Website.
Disclaimer of Warranties
THE WEBSITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, PARTNERS, PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE OR SERVICE; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE AND SERVICE. WE ARE NOT RESPONSIBLE FOR AND IN NO EVENT SHALL PINE MANAGEMENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILITATES, PARTNERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR THE TERMS, POLICIES OR PRACTICES OF THE CONTENT OF ANY THIRD PARTY WEBSITE.
Limitation of Liability
IN NO EVENT WILL PINE MANAGEMENT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY: (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL PINE MANAGEMENT’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE AMOUNT OF $50.00 (FIFTY) U.S. DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SHOULD YOU BE DISSATISFIED WITH THIS WEBSITE OR SERVICE OR THE CONTENT THEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE AND SERVICE.
By using the Website or Service, you agree to defend, indemnify and hold us, our officers, directors, employees, parents, affiliates, partners, successors, and assigns harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website or Service or the creation, placement or transmission of any message, information, software or other materials through the Website or Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
Compliance with Laws
The Website is compliant with all applicable laws including Fair Housing. More information on our Fair Housing Policy can be found by clicking on the Fair Housing Policy link located at: http://www.pinemanagement.com/index.cfm?page=fairhousingpolicy.
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
Amendment to Terms
Pine Management may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Website and Service following such posting constitutes your consent to be bound by any amended Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to email@example.com or by writing to us at Pine Management, Inc., 78 Manhattan Avenue, New York, NY 10025.
© 2019. Pine Management, Inc. All Rights Reserved.