Terms of Use

Prior to using this website, you, the User, must carefully read "Terms of Use" (further referred to as the "Terms") below and “Privacy Policy” (which is a part of Terms and is located in a separate document for convenience only). Do not use this website if you do not agree with all statements of the Terms and Privacy Policy. If you use this website, it means that you have accepted the Terms and Privacy Policy and you are legally bound by each statement in the Terms and Privacy Policy.

Terms

1. This website is wholly owned by Alexander Belyayev Real Estate (hereinafter referred to as the "Owner"). All services provided by the Owner in the capacity of a Real Estate Broker in the State of New York, USA are excluded from the Terms and covered only by applicable Real Estate Law of the State of New York, USA.

2. Any person, who accesses resources and services of this website (hereinafter referred to as the "Site"), or other resources or services linked or referenced through the Site, or makes purchases through the Site, posts information (including but not limited to advertisement) on the Site, receives requested outgoing documents and information (including but not limited to electronically transferred), sends feedback or communicates in any other ways with the Site, its users or the Owner is considered to be a user of the Site (further referred to as the "User"). The User, who uses the Site, accepts the Terms and is legally bound by the Terms in whole and by each statement, reference, notice and term in the Terms. The User is also bound by any rules of use or licenses, if they are posted on the Site.
3. The Owner may change the Terms at any time and without preliminary notice. Changes take effect as soon as they are posted on the Site. It is the sole responsibility of the User to check the Terms for possible changes before using the Site. The User accepts all changes in the Terms by using the Site. If the User does not accept some changes, the User must stop using the Site immediately. The User understands that he (she) will not be compensated if he (she) stops using the Site, even if this action stops his (her) paid service, membership or leads to any other consequences.

4. All the content of the Site including but not limited to information, graphic images, movies, sound, design, names of products, trademarks, logos, service marks, companies' names, website's' names, e-mail messages or other outgoing documents and information from the Site constitutes intellectual property of the Owner (or other corresponding and respected owners, who permitted the Owner to reproduce such intellectual property). Nothing from the Site or outgoing documents or information can be reproduced, even partially, by any means and in any form without the Owner's written permission. Content of the Site and outgoing 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 permission of the Owner.

5. All information on the Site, including but not limited to information about services, products and any information in outgoing documents, is for information purposes only and is supplied only on the "as-is" basis and without any warranty. The User understands that the content of the Site and outgoing documents and information (including but not limited to transferred electronically) may be changed by the Owner at any time without any notice or preliminary notice, may contain errors, may be incomplete or may express private opinion of the Owner, of the User or third parties. The content of third party advertisements and posts on the Site is not under control of the Owner. The content of the Site, third party advertisements and posts on the Site and outgoing links on the Site may be partially or fully unavailable at any time, may be changed without knowledge of the Owner due to malfunctions of software, hardware, computer viruses, direct attacks on the Site and/or indirect attacks on the Site through hardware and/or software of any third parties, as a result of lawful actions of third parties, supplying advertisement, opinions and posts or as a result of force majeur situations (acts of God). The User understands and agrees  that the Owner is not providing legal, accounting, investment advices and does not offer securities for sale, purchase or exchange and does not provide any other services demanding licensing. Some opinions and posts on this website may constitute “forward looking statements” and they do not guarantee any actual performance in the future, contain risks and assumptions. Such “forward looking statements” may be identified or not identified as “projected”, “expected” and in other similar manner. Actual performance may substantially (both positively and negatively) differ from anticipated according to such “forward looking statements” due to many unpredictable circumstances, different initial conditions, methods of projections, errors, omissions, amount of used parameters and risk factors. No decisions shall be made by the User which might be based on the content and information of the Site. The User solely takes all responsibility for using the Site. 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, losses, including possible consequential damages, injures, losses and not received income that may be caused by the use, inability to use or not use of the Site and outgoing documents and information. The Owner is not responsible for consequences of using products, services or information, supplied by third parties through the Site or outgoing 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 Site service or product, and such responsibility may arise only if such product or service has been created and delivered personally by the Owner. If jurisdiction of the User does not permit limited liability according to the text of the Terms, the User cannot use the Site. Any errors or other defects that are found on the Site must be immediately reported by the User to the Owner. The User cannot distribute any information about errors or defects of the Site to any third parties. The User agrees that the Owner has no liability for any information about the Site and links to the Site in any media including any other websites and information, which originates from them in any form.  If the User creates in any media including the Internet any information about the Site without a written consent of the Owner, then, if the Owner requests to delete such information, it is the sole obligation of the User to do it immediately and at the sole expense of the User.

6. The User understands and agrees that due to the nature of Internet, software and hardware the Owner cannot control links and other information pointing to the Site. Different links pointing to the Site and references to the information presented on the Site may exist or not exist at different times on the Internet; and such links and references may contain any information, errors, misprints and outdated information etc. about the Site. 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 references current or delete them. The Owner cannot be hold responsible for any kind of information including but not limited to links and references presented on the Internet about the Site. 

7. All software products or other information resources which may be downloaded from the Site or can be ordered on the Site, all other products or resources available through the Site, may have their own license and Warranty and the User must carefully study these documents before using products and services and must follow said documents; and not the information on the website about third party products and services.

8. The User is granted the right to use the Site for private purposes only (non commercial use). The User must comply with all applicable laws in the jurisdiction of his (her) residence or tenure. Anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could constitute or encourage conduct that would be considered to be a criminal offense, 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 employers of the Owner by unsolicited email, telephone calls or any other methods unauthorized by the Site.

9. The Customer must review and agree to the “Privacy Policy”.

10. The User cannot transmit unlawful information or links to such information to the Owner or to other Users in any way. The User cannot collect information about other Users of the Site. The User cannot attack the Site by massive transmissions of information, unusual commands or other hardware or software means, which can lead to loss or change of the content, data or functionality of the Site or be harmful to the Users, the Site or the Owner. If the User submits any registration forms, he (she) is responsible for supplying correct and true information. The User cannot make misrepresentations: communicate with the Site using false personal data; leave messages using the name of a third party etc. The User must keep safe password and login supplied to him (her) by the Site or by the Owner. The User cannot share password or login with any third parties and must immediately notify the Owner if password or login is decommissioned. The User is responsible for all uses of his (her) login and password, even not authorized by the User.

11. The User does not establish with the Owner any other relationship than stated in the Terms. The User cannot do any representations on behalf of the Owner, the Site or other Users of the Site.

12. Fees and Payments. If the Site accepts payments by credit cards or other electronic payment systems, the User agrees that his (her) credit card(s) or account(s) will be billed immediately after online verification. The User agrees to pay totally the fees and charges incurred through the use of the Site's services. By purchasing products and services the User accepts rates in effect, posted on the Site or in outgoing documents and information. The User should pay all applicable taxes relating to use of services and purchase of products or services through the Site. 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. All messages and information outgoing from the Site may contain advertisement. The User accepts any kind of communication: through the Internet, telephone, fax, information media (like CD-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 fax signatures or messages of the User as messages or signatures delivered on hard copies.

14. Access to the Site may be denied immediately to the User who failed to comply with the Terms, without any compensation or refund of fees received by the Owner for services or products. Access to the Site may be denied immediately to the User without any notice and without any compensation and only with the refund of received fees for the period of time when the service will not be provided. In case of termination of the User's access to the Site the User will immediately destroy all copies of materials received from the Site.

15. This Agreement is to be governed and construed 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 arbitration in accordance with the rules of the American Arbitration Association in the City of New York, Manhattan, State of New York, USA and judgment upon the award rendered by the arbitrator’s, may be entered in any court having jurisdiction thereof and sitting in the City of New York, Manhattan, State of New York, USA. Said award 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 arbitrators. It is expressly agreed between the User and the Owner that the arbitration 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.

16. If any statement of the Terms becomes invalid or conflicting with the law, it must be replaced to reflect the law and more closely express the content contained in the Terms. Other valid statements stay in power.

17. The User at his (her) own expense must defend, indemnify and hold the Owner harmless from any kind of Compensations (liabilities, damages, losses 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 in case such claim or action is a consequence, direct or indirect, of the User's actions or User's not acting according to the Terms and law, when such actions or not acting led, including but not limited to, infringement rights of intellectual property, purchase, sale or use of any products and services through the Site and any misrepresentation made by the User.

18. The Owner will use all legal rights to get compensation from the User in case of any damages caused by the unlawful actions of the User or actions of the User if such actions do not comply with the Terms.

19. The Terms and the Privacy Policy constitute the entire agreement between the Owner of the Site  and the User and supersede all prior contracts, agreements, representations and statements concerning the Site, the Owner and the User. Failure of the Owner to enforce any provision of the Terms will not be construed as a waiver of that provision or of the right to enforce that provision later. No waiver, amendment or modification of the Terms made by the User shall be valid or binding except made in writing and signed by the Owner and the User.

Sincerely,
Alexander Belyayev, Broker
Alexander Belyayev Real Estate