- Compliance with Laws; Export Controls
- No Unlawful or Prohibited Use
- Links to Third-Party Websites
- Limitation on Liability
- Modification of LEADKIT
- Equal Housing Opportunity: The Leadkit Real Estate Solutions Policy
- Broker's, Property Owner's, and Manager's Responsibilities
- Buyer's & Renter's Rights
- The Law Civil Rights Act of 1866
- The Fair Housing Act
- Americans with Disabilities Act
- The Equal Credit Opportunity Act
- State and Local Laws
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS - These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
- You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any pages, information, software, lists of users, databases or other lists, content, material, products or services provided through or obtained from LEADKIT, or any portion thereof. You agree not to engage in the practices of "screen scraping,“ ”database scraping,“ or any other activity with the purpose of obtaining lists of properties, users or other information. You agree that you will not use LEADKIT in any manner, which could damage, disable, overburden, or impair LEADKIT or interfere with any other party’s use and enjoyment of LEADKIT. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through LEADKIT.
- Except with the written permission of the Company, you agree that you will not access or attempt to access password protected, secure or non-public areas of LEADKIT. Unauthorized individuals attempting to access prohibited areas of LEADKIT may be subject to prosecution.
- Except with the advanced, written permission of the Company, you agree that you will not create links from any Web site or Web page to any page within LEADKIT with the exception, subject to the conditions of this section, of the LEADKIT homepage located at www.getleadkit.com (the “LEADKIT homepage”). The origin of any such link to the LEADKIT homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to LEADKIT. For example, prominently positioning the “LEADKIT” name such that there is clear association between the name and the destination of the link is acceptable. However, you agree that you will not juxtapose the “LEADKIT” name or link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between LEADKIT, on the one hand, and you or any other person or entity, on the other hand. You agree that if the Company, in its sole and unfettered discretion, requests in writing that you remove any links to LEADKIT, including without limitation the LEADKIT homepage, you will promptly do so. You agree that you will not employ any technology that results in the placement of content from LEADKIT in a frame and/or a reduced browser window or pop-up window and/or any other display mechanism that changes LEADKIT from how they would appear if a user accessed LEADKIT by typing its URL into the location bar of a typical Web browser program.
- You agree that the Company may in its sole discretion and at any time terminate your access to and use of LEADKIT, or any part thereof, with or without notice.
- If you choose to register, you must be eighteen (18) years of age or older and you may not share your password with anyone else. Any use of LEADKIT with your username and password will be deemed as being used by you. The Company is entitled to rely on the contact and other information that is supplied to us through your registration. Your registration is non-transferable and non-assignable. By agreeing to these Terms, you acknowledge that you are entering into a lawful contract as may be defined under state law.
LEADKIT includes a number of venues such as user profiles, building profiles, user comments, calendars and/or other message or communication facilities designed to enable you to share your thoughts, opinions and other content with other members of the public (”Your Publicly Posted Information“). Since the Company firmly believes in the value of free and open exchanges, it generally does not, and is under no obligation to, monitor, pre-screen, or otherwise censor Your Publicly Posted Information. Therefore, the Company cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon. You promise that you will not use LEADKIT to:
- post, upload or otherwise transmit any content not related to appropriate subject matters;
- post, upload or otherwise transmit any content which is misleading to others, including consumers;
- post, upload or otherwise transmit any content that actually harms, or has the possibility of harming, minors in any way;
- post, upload or otherwise transmit any content that contains hate propaganda or promotes discrimination or violence against any people on account of their race, national origin, religion, age, gender, disability or sexual orientation;
- post, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- post, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
- post, upload or otherwise transmit any content that constitutes the infringement of any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
- post, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- post or submit unsolicited commercial e-mail, chain letters, pyramid schemes, or seek or encourage others to engage in these activities;
- disrupt the ordinary flow and operation of any portion of LEADKIT, including causing a screen to scroll faster than another user may be able to type in a chat room or bulletin board environment;
- interfere with or disrupt LEADKIT or any server or network involved with the operation thereof;
- forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted though or on LEADKIT;
- collect or ”harvest“ from LEADKIT the names of other users for the purpose of transmitting to those other users unsolicited commercial messages; or
- intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.
- use any Content in violation of the rules of Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any other federal, state or local law or regulation;
- By posting content to LEADKIT, you grant the Company and its affiliates (including, though not limited to CityRealty.com, LLC) a non-exclusive, worldwide, royalty-free, perpetual license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through Web sites controlled by the Company and/or any affiliate of the Company, including but not limited to the CityRealty Web Site, and co-branded or mirrored versions of such sites, and in the Company’s and/or CityRealty’s promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.
- You acknowledge that while the Company generally does not pre-screen content posted by you to LEADKIT, the Company and its designees shall have the right (but not the obligation) in their sole discretion to monitor, review, edit, alter, refuse or remove any content, in whole or in part, that is posted by you or any other party to LEADKIT. Without limiting the foregoing, the Company and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of LEADKIT at any time without notice for any reason whatsoever. You agree that you must evaluate, and bear all risks associated with, the use of any content you post to LEADKIT, including any reliance on the accuracy, completeness, or usefulness of such content.
- The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- By posting, uploading, inputting, providing or submitting content to LEADKIT, you warrant and represent that you own, license or otherwise control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such content. Furthermore, you hereby represent and warrant that you have the right (and have obtained any and all rights, licenses, permissions, releases, approvals, clearances and credit or attribution information, and made any payment of all royalties, license or reuse fees, and any other payments necessary) to cause the content you submit to be reproduced, converted, digitized, transmitted, distributed, publicly performed and displayed, published and otherwise used in accordance with this license and that such activities, whether done by you or the Company or its affiliates and/or agents, shall not infringe any third party rights.
- You agree to indemnify, defend and hold harmless the Company, its employees, directors, partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your use of LEADKIT, the content you submit to LEADKIT or your violation of this Agreement.
- All materials provided on LEADKIT, including but not limited to all text, logos, designs, graphics, images, sounds, information, software, documents, products and services (collectively, the ”Materials“), and the selection, arrangement and display thereof, are the copyrighted works of the Company and/or its vendors, suppliers or licensors. All Materials are proprietary to the Company or its licensors and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Company.
- This Web Site may contain typographical errors or inaccuracies. All information furnished regarding property for sale, rental or financing is from sources deemed reliable, but no warranty or representation is made as to the accuracy thereof and same is submitted subject to errors, omissions, change of price, rental or other conditions, prior sale, lease or financing or withdrawal without notice. All dimensions are approximate. For exact dimensions, you must hire your own architect or engineer.
- The Company has no fiduciary duties to you, including, without limitation, the obligation to inspect properties described on the Web Site or to verify the veracity of offers and other information contained in LEADKIT.
- The Company makes no representations or endorsements regarding properties contained in LEADKIT. All of the information, software and services provided through this Web Site are provided ”as is,“ ”as available,“ without warranty of any kind. The Company and/or its suppliers specifically disclaim any and all implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- By using LEADKIT, you agree to indemnify, defend and hold harmless the Company and the Real Estate Board of New York from any and all claims or damage, including attorney’s fees, arising out of or related to: (1) Content you choose to submit, post or transmit through LEADKIT; (2) your use of or connection to the Website; (3) your violation of these Terms; or (4) your violation of any rights of another.
- The Company is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this Web Site.
The trademarks, trade names and service marks (the ”Marks“) displayed on LEADKIT are the property of the Company or other third parties. Users are not permitted to copy or otherwise use these Marks without the prior written consent of the Company or such third party which may own the Mark. The following list of Marks owned by the Company is not exhaustive, and the Company and/or its affiliates may own other Marks not included here: Leadkit Real Estate Solutions, Leadkit Real Estate Solutions EDGE, LEADKIT and Smart Match.
Compliance with Laws; Export Controls
You acknowledge that the software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of LEADKIT or any property information, offer or transaction being conducted on LEADKIT. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
No Unlawful or Prohibited Use
As a condition of your use of LEADKIT, you warrant to the Company that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use LEADKIT in any way prohibited by these terms, conditions and notices.
Links to Third-Party Websites
LEADKIT may contain links to Web sites operated by parties other than the Company. Such hyperlinks are provided for reference only. The Company does not control such Web sites and is not responsible for their contents. The Company’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. If you decide to access any of the third party sites linked to from LEADKIT, you do so entirely at your own risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF LEADKIT IS AT YOUR OWN RISK. LEADKIT AND ALL INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH LEADKIT ARE PROVIDED ON AN "AS IS“ AND ”AS AVAILABLE“ BASIS. Leadkit Real Estate Solutions EXPRESSLY DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Leadkit Real Estate Solutions ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Leadkit Real Estate Solutions MAKES NO WARRANTY THAT (I) LEADKIT WILL MEET YOUR REQUIREMENTS, (II) LEADKIT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LEADKIT WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH LEADKIT WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN LEADKIT WILL BE CORRECTED. Leadkit Real Estate Solutions WILL NOT BE LIABLE FOR ANY FAILURE, DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN LEADKIT, OR FOR THE INCOMPATIBILITY BETWEEN LEADKIT AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL Leadkit Real Estate Solutions BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND Leadkit Real Estate Solutions’S CONTROL.
ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LEADKIT IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL.
Limitation on Liability
Modification of LEADKIT
The Company (and/or its suppliers) reserves the right in its sole discretion to improve, modify, add to or remove any information or content appearing on LEADKIT. The Company may discontinue or revise any or all aspects of LEADKIT in its sole discretion and without prior notice.
The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information:
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;
A description of where the material that you claim is infringing is located on LEADKIT;
Your address, telephone number, and email 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.
the Company’s Copyright Agent for Notice of claims of copyright infringement on LEADKIT is firstname.lastname@example.org
Or send a letter detailing the above information to:
Leadkit Real Estate Solutions, LLC
450 Seventh Avenue, 39th Floor
New York, NY 10123
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
You agree that no joint venture, partnership, or employment relationship exists between you and the Company as a result of this Agreement or use of LEADKIT. This Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of LEADKIT or information provided to or gathered by the Company with respect to such use.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Company with respect to LEADKIT and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to LEADKIT. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Equal Housing Opportunity: The Leadkit Real Estate Solutions Policy
Property owners and managers and their brokers are subject to the federal Fair Housing Act, which prohibits "any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make such preference, limitation or discrimination."
the Company supports Equal Housing Opportunity and we encourage users of LEADKIT to follow appropriate guidelines to comply with both the Federal Housing Act, as well as any applicable state and local regulations. All renters are hereby informed that all property rental offers are available on an equal opportunity basis.
Broker's, Property Owner's, and Manager's Responsibilities
As a property owner or manager you have a responsibility and a requirement under the law not to discriminate in the rental of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct your agent to convey on your behalf any limitations in the rental because your agent is bound by law not to discriminate. Agents in a rental transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. They are prohibited from complying with a request from the property owner or manager to act in a discriminatory manner in the lease or rental. Moreover, a property owner or manager cannot establish discriminatory terms or conditions in the purchase or rental, deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national original.
Buyer's & Renter's Rights
As someone seeking to buy or rent an apartment, home or condo, you have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin. This includes the right to expect equal professional service, the opportunity to consider a broad range of housing choices, no discriminatory limitations on communities or locations of housing, no discrimination in the pricing or financing of housing, reasonable accommodations in rules, practices and procedures for persons with disabilities, and to be free from harassment or intimidation for exercising your fair housing rights.
The Law Civil Rights Act of 1866
The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.
The Fair Housing Act
The Fair Housing Act declares a national policy of fair housing throughout the United States, making illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.
Americans with Disabilities Act
Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.
The Equal Credit Opportunity Act
The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant’s income derives from any public assistance program.
State and Local Laws
State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.
IF YOU SUSPECT DISCRIMINATION: Call the U.S. Department of Housing and Urban Development. Complaints alleging discrimination in housing may be filed with the nearest office of the United States Department of Housing and Urban Development (HUD), or by calling HUD's toll free number, 1-800-699-9777 (voice), or 1-800-543-8294 (TDD). You can contact HUD on the Internet at http://www.hud.gov/.Contact Us