Terms of Use / Disclaimer

Prior to use of this website www.Belyayev.US (hereinafter referred to as the “Website”), you, the User, must carefully review this "Terms of Use / Disclaimer" (hereinafter referred to as the "Terms"). You must be at least 18 years old in order to use the Website. You cannot use the Website if you do not agree with all provisions of the Terms and/or you are under 18 years of age. If you use the Website, then it means, immediately and irrevocably, that you expressly agree to be legally bound by the Terms and each provision (and each part of provision) of the Terms.
References
References to single shall always involve also references to plural; references to plural shall always involve also references to single.
Any reference in this Terms of Use / Disclaimer (Terms) pertains to the whole text of the Terms and not only to particular provision, or part of the provision, or to any part of the Terms.
1. This Website is wholly owned by Alexander Belyayev Real Estate (hereinafter referred to as the "Owner"), which is a Licensed Real Estate Broker in the State of New York, USA, and at different times may carry licenses in some other states with or without notifications being posted on the Website. All services, provided by the Owner in the capacity of a Real Estate Broker, are excluded from the Terms and covered only by applicable Real Estate Law of the State of New York, USA (and accordingly by real estate laws of other states, if and when the Owner is licensed in other states) and by written agreements between clients and/or customers with Alexander Belyayev Real Estate.
2. Any person, who accesses resources and services of this Website, and/or other resources or services linked and/or referenced through the Website and/or messages, documents and information, outgoing from the Website and/or from the Owner, and/or makes purchases through the Website, posts, information (including but not limited to advertisement) on the Website, receives outgoing from the Website or from the Owner messages, documents and information (including but not limited to electronically transferred), makes purchases through messages, documents and information, outgoing from the Website or from the Owner, sends feedback and/or communicates in any other ways with the Website, its other Users, advertisers and/or the Owner, is considered to be a User of the Website (hereinafter referred to as the "User"). The User, who uses the Website, irrevocably accepts the Terms and is legally bound by the Terms in whole and by each provision, part of provision, reference, notice and term in the Terms. The User is also legally bound by any and all rules of use and/or licenses, if they are posted on the Website or transferred to the User in the outgoing from the Website and/or from the Owner messages, documents and information.
3. The Owner may change the Terms at any time and without any preliminary or any other notice. Changes take effect as soon as they are posted on the Website. It is a sole responsibility of the User to check the Terms for possible changes before using the Website. The User accepts all changes in the Terms by using the Website. If the User does not accept any changes, then the User must immediately stop using the Website. The User understands that he (she) will not be in any way compensated if he (she) voluntarily stops using the Website, even if this action stops his (her) paid service, membership or leads to any other consequences. Indemnification of the Owners’ liability in this case shall be according to the text of the paragraph 5 of the Terms.
4. All content of the Website, including but not limited to information, graphic images, movies, sound, design, names of products, trademarks, logos, service marks, companies' names, websites' names and also outgoing from the Website and from the Owner messages, documents and information, sent by the Website and/or by the Owner to the User by any available forms of communications, constitute intellectual property of the Owner (or other corresponding and respected owners, who permitted the Owner to reproduce such intellectual property). Nothing from the Website or outgoing from the Website and from the Owner messages, documents and information can be reproduced by the User and/or any third parties in whole or partially by any means and in any form without a written consent of the Owner. Content of the Website and outgoing from the Website and from the Owner messages, documents and information cannot be compiled, re-engineered, changed in any way, used for derivative works, sold, rented, transferred or exposed to any third parties, linked, framed or referenced without prior written consent of the Owner.
5. All information on the Website, including but not limited to information about services, products and any information in outgoing from the Website and from the Owner messages, documents and information, is for information purposes only, may reflect private opinion of the Owner, or of any third parties, or of the Users, and is supplied only on the "as-is" basis and without any warranty. The User understands that the content of the Website and outgoing from the Website and from the Owner messages, documents and information (including but not limited to information transferred electronically) may be changed by the Owner at any time without any preliminary notice or any kind of a notice, may contain errors, misprints, omissions, may be incomplete or may express private opinion of the Owner, of the User or third parties. The content of third parties’ advertisements and posts on the Website and on the websites, which may be accessed by the User through links posted on the Website, are not under control of the Owner. The content of the Website, third party advertisements and posts on the Website and external links on the Website may be partially or fully unavailable at any time, may be changed with or without knowledge of the Owner, due to malfunctions of software, hardware, computer viruses, direct or indirect unauthorized changes made to the Website (and outgoing from the Website and from the Owner messages, documents and information) through hardware and/or software of any third parties, as a result of lawful actions of third parties (including, but not limited to, third parties, supplying advertisement, opinions and posts), or for any other reason, or as a result of force major situations (acts of God).
The User understands and agrees that the Owner is not providing legal, accounting or investment advices, and the Owner does not offer securities for sale, purchase or exchange and does not provide any other services demanding licensing except the services permitted under the License of a Real Estate Broker in the State of New York State (and probably in some other states, if and when appropriate licenses of the Owner are active in other states).
Some opinions and posts on this website may constitute “forward looking statements” and they do not guarantee any actual performance in the future, they may contain risks and assumptions. Such “forward looking statements” may be identified or, sometimes, may be not identified as “projected”, “expected” and/or in any other similar manner. Actual performance may substantially (both positively and negatively) differ from anticipated or projected according to such “forward looking statements” due to many unpredictable circumstances, different initial conditions, errors, omissions, amount of used parameters, methods of projections, and incorporated or not incorporated into the process of creating of such projections different risk factors with different ratios of importance.
No decisions shall be made by the User which might be based on the content and information of the Website and outgoing from the Website and from the Owner messages, documents and information. The User solely takes all responsibility for using the Website and for using of any forms of communications with the Website and with the Owner. The User and any and all third parties will never be compensated in any way by the Owner for any kind of possible disclosed or undisclosed: damages, injures, death, loss, loss of income, not received income, including possible consequential damages, injures, death, loss, loss of income and not received income that may be caused by the use, inability to use, or not use of the Website, outgoing from the Website and from the Owner messages, documents and information, and also products and services purchased through the Website or through the outgoing from the Website or from the Owner messages, documents and information, and/or caused (by unintended by the Owner) leak of private information of the User from the Owner, from the Website and/or from communications between the Website and/or the Owner with the User. The Owner is not responsible for any possible consequences of using products, services or information, supplied by third parties and ordered by the User through the Website or through outgoing from the Website or from the Owner messages, documents or information.
The Owner issues no express or implied warranty and makes no representation concerning the quality and availability of the content, information, services, products or their fitness for any certain purpose. The Owner can never be held responsible for the amount exceeding the price of supplied through the Website service or product, and such responsibility may arise only if such product or service has been created and delivered personally by the Owner, but not by any third parties (including but not limited to advertisers).
If the jurisdiction of the User does not permit limited liability according to the text of the Terms, then the User cannot use the Website.
Any errors or other defects of the Website and/or outgoing from the Website or the Owner messages, documents and information, detected by the User, must be immediately reported by the User to the Owner, and information about such errors and omissions cannot be distributed by the User to any third parties.
6. The User understands and agrees that due to the nature of the Internet the Owner cannot control links and other references and information, pertaining and/or pointing to the Website. The User agrees that the Owner has no responsibility for any information about the Website and links to the Website in any media, including any other websites and information, which originates from them in any form, even if such links and references have been created by the Owner. Different links, pointing to the Website, references to the information, presented on the Website, or derivative works, produced with the use of the Website, or outgoing from the Website or from the Owner messages, documents and information, may exist or not exist at different times on the Internet and/or in any other media; and such links, references or derivative works may contain any information, errors, misprints, computer viruses, harmful software, outdated information and/or any other disturbing or not desirable for the User information, images, language etc. The Owner is not responsible for the existence and content of such links and references and will not spend any efforts and/or funds to make such links and/or references current, to delete them, or to make them appropriate.
If the User creates in any media, including but not limited to the Internet, any references and/or posts about the Website and/or links to the Website with or without a preliminary written consent of the Owner, and if then the Owner requests that the User deletes such information, then it is the sole obligation of the User to do so immediately and at the sole expense of the User.
7. All software products or other information resources which may be downloaded from the Website or can be ordered on the Website, all other products or resources, available through the Website, may have their own license and warranty, and the User must carefully study relevant documents before purchasing and/or using any such products and services; and the User must follow said documents (and not the information on the Website about third parties’ products and services).
8. The User is granted a temporary and limited license to use the Website for private purposes only (non commercial use). The User must comply with all applicable laws in the jurisdiction of his (her) residence or tenure. If the applicable laws in the residence or tenure of the User do not let to limit liability of the Owner according to the Terms or in any other way conflict with the Terms, then the User cannot use the Website. Anything which is posted by the User on the Website or in any other way communicated by the User to the Owner, Website or other Users of the Website and advertisers, which involves materials which are defamatory, abusive, libelous, unlawful, obscene, racist, threatening, harassing, fraudulent, harmful, or that could constitute or encourage conduct that would be considered to be a criminal offense, or give rise to civil liability, or otherwise violate any law, will be prosecuted by the Owner to the full permitted extent. The User may not contact the Owner, employees of the Owner and advertisers of the website by unsolicited email, telephone calls or any other methods, unauthorized by the Website.
9. The User grants to the Owner the right to reproduce in the public domain all materials, submitted by the User to the Owner or posted by the User on the Website, the User grants to the Owner the right to create and distribute in the public domain any derivative works from all materials, submitted by the User to the Owner or posted by the User on the Website; and such rights of the Owner, as granted by the User, may be utilized by the Owner for commercial and/or non commercial purposes.
10. The User cannot transmit unlawful information or links to such information to the Owner or to other Users. All posts, advertisement, links created by the User on the Website or transmitted to the Owner or to any third parties cannot infringe the rights for intellectual property of any third parties and of the Owner. The User is solely responsible for any possible infringement of the rights of the Owner and of any third parties to their respected intellectual property. The User cannot collect information about other Users of the Website and advertisers. The User cannot perform massive transmissions of information to the Website, perform unusual commands, or use other hardware or software means, which can lead to loss or inappropriate or prohibited changes of the content, data or functionality of the Website or may be harmful to the Users, the Website, advertisers or the Owner.
If the User submits any registration forms, then the User is responsible for supplying correct and true information. The User cannot make misrepresentations: communicate with the Website, with the Owner and its employees, with other Users and advertisers of the Website, using false personal data, leave messages, using the name of a third party, etc. The User must keep safely any and all passwords and logins supplied to him (her) by the Website or by the Owner. The User cannot share his/her password or login with any third parties and must immediately notify the Owner if the User’s password or login is decommissioned. The User is responsible for all unauthorized incidents of uses of User’s login and password. The User will timely update the User’s profile if it is created on the Website.
11. The Owner does not establish with the User any relationship other than providing to the User a temporary license to use the Website according to the Terms. The User cannot make any representations on behalf of the Owner, the Website, Users of the Website and third parties, unless authorized in writing.
12. If the Website accepts payments by credit cards or other electronic payment systems, then the User agrees that the User’s credit card(s) or account(s) may be billed immediately after online verification. The User agrees to pay totally the fees and charges, incurred into through the use of the Website's services. By purchasing products and services the User accepts rates in effect, posted on the Website or in outgoing from the Website and from the Owner documents, messages and information. The User must pay all applicable taxes relating to use of services and/or purchase of products or services through the Website. The Owner reserves the right to change fees, change, suspend or terminate services for the User at any time for (or without) any reason and without any preliminary notice.
13. The Website and the Owner may send from time to time messages to the User in case the User provided the User’s email or any other communication methods through the Website or directly to the Owner. If the User unsubscribes in writing (electronically or through a hard copy delivered to the Owner), then the Owner during a reasonable period of time will put reasonable efforts to process such request, or it might be done automatically by the Website or other software. It is a sole obligation of the User to confirm with the Owner receipt of the request to unsubscribe.
The Website and/or all messages, documents and information, outgoing from the Website and from the Owner, may contain advertisement. The Owner may be compensated by advertisers or by any third parties for advertisements and/or for actual sales of products and services.
The User understands and agrees that the Owner may collect compensation for any opinions and/or endorsements and/or links and/or advertisements, pertaining to different products and services of third parties, posted by the Owner, by the User or by any third parties on the Website (and/or in outgoing from the Website and/or from the Owner messages, documents and information).
14. The User accepts any form of available types of communication, including but not limited to, the Internet, telephone, facsimile, information media (like DVD-ROM, for example) or a hard copy. The Owner is not responsible for possible partial or total loss of any information sent to the User or not delivered to the Owner. The User accepts the right of the Owner to treat electronic and transmitted by any available electronic types of communications (including, but not limited to, facsimile and email) signatures or messages of the User as messages or signatures delivered on the original hard copies. The User agrees that electronically transmitted signature (or electronic signature) is equivalent to original signature on a hardcopy and that the Terms are considered accepted and signed by the User who uses the Website.
15. Access to the Website may be denied immediately to the User by a sole discretion of the Owner without any notice and without any compensation and only with the refund of received fees for the period of time when the service, being provided by the Owner through the Website to the User, subscribed to such paid service, will not be provided anymore. The User will not receive any kind of compensation except the refund as defined above in this paragraph 15 of the Terms. Indemnification of the Owners’ liability in this case shall be according to the text of the paragraph 5 of the Terms.
16. Access to the Website may be immediately denied to the User by a sole discretion of the Owner in case the User violates this Terms and/or any applicable law and/or does act according to the Terms, and with no compensation to the User for not used periods of subscriptions or any other loss. The User will not receive any compensation. Indemnification of the Owners’ liability in this case shall be according to the text of the paragraph 5 of the Terms.
17. This Agreement is construed and shall be governed according to the laws of the State of New York, USA. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by a court sitting in the City of New York, Manhattan or Brooklyn, State of New York, USA and having jurisdiction thereof. An award to the winning party of this Agreement shall include reasonable attorney fees, court costs or any other costs or charges reasonably necessary to adjudicate the controversy, in addition to any and all damages deemed fair by the judge. It is expressly agreed between the User and the Owner that the procedure outlined herein is the sole and exclusive remedy for any conflicts between the Owner and the User. Both the Owner and the User expressly and irrevocably waive any and all other legal remedies in any court or tribunal in any jurisdiction (including but not limited to trial by jury) which may be based on any theory, law or tort law.
18. If any provision of the Terms becomes invalid or conflicting with the law, it must be replaced by a modified provision, reflecting the law and more closely expressing the content of the provision, which must be replaced, and the content, contained in the valid provisions of the Terms. All other valid provisions and parts of provisions which are valid stay in full force.
19. The User at his (her) own expense must defend, indemnify and hold the Owner harmless from any kind of Compensations (liabilities, damages, consequential damages, loss of income, any other loss and expenses). Such Compensations also include any reasonable attorney fees and court expenses in case of a third party claim or any other action against the Owner, arising as a consequence, direct or indirect, of the User's actions or User's not acting according to the Terms and applicable law, when such actions or not acting led (or might be leading) to, including but not limited to, infringement of the rights for intellectual property, and/or to purchase, sale or use of any products and services through the Website, which is unlawful, and/or when caused by misrepresentation, made by the User.
20. The Owner may use all legal rights to get maximum permitted compensation from the User in case the User breaches the terms of this Terms or any applicable law, and/or in case of any damages or consequential damages of the Owner, caused by unlawful actions of the User and/or actions of the User which violate the Terms, and/or User not acting according to the Terms.
21. The Owner may collect private information about the User, but will not share this information with any third parties for any purposes unless required by law. The Owner will make reasonable efforts to protect private information of the User, but cannot provide any guarantees of safety of such information and will not be responsible for any possible or actual leak of such information, possible damages, consequential damages and any other consequences of such leak, which the User may experience. Indemnification of the Owners’ liability in this case shall be according to the text of the paragraph 5 of the Terms.
The Owner may use private information of the User for producing and distributing in the open domain of any aggregated data, organized in a way that the particular User cannot be identified.
22. The Terms constitutes the entire agreement between the Owner and the User and supersedes all prior contracts, agreements, representations and statements concerning the Website, the Owner and the User. Failure of the Owner to enforce any provision of the Terms shall not be construed as a waiver of that provision or of the right to enforce that provision later, or of the right to enforce other provisions of the Terms. No waiver, amendment or modification of the Terms shall be valid or binding if not posted on the Website.
23. Obligations of the User, incurred into by the User while using the Website according to the Terms, survive for indefinite period of time (or for 49 years if such period is limited by law) possible termination of the using of the Website by the User, termination of the Website, temporary unavailability of the Website (and consequently Terms) and/or Terms on the Internet, termination or temporary unavailability of communication with the Website and/or with the Owner, and change of the ownership of the Website.
24. Numeration of paragraphs and headers in the Terms is for convenience only, and shall not affect understanding and enforcing of the Terms.

Sincerely,

Alexander Belyayev, Broker
Alexander Belyayev Real Estate