Terms of Use
KSR TERMS OF USE
These "Terms of Use" ("Terms") establish the legal agreement between you and KSRNY Real Estate Corp. ("KSRNY," "we," "our," or "us") regarding your engagement with our website found at www.KSRNY.com ("Website") and its assorted functions and features (collectively referred to as the "Service"). These Terms, incorporating our Privacy Policy, dictate your rights and responsibilities concerning the use of the Website, Service, and all content related to KSRNY (hereafter "KSRNY Content"), and form a binding agreement between you and KSRNY.
BY ACCESSING, USING, DOWNLOADING, OR POSTING CONTENT FROM OR ON THE WEBSITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.
Service Description
The Website and Service provide users ("Users") with the opportunity to explore information about our business, including details on real estate listings and associated services.
License Details
• License Grant. In compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Website on your own computer, tablet, or mobile phone.
• Content Ownership. All content present on, in, or accessible via the Website and Service, including texts, images, audio, graphics, and the arrangement and compilation thereof, as well as all software and code ("KSRNY Content"), is protected under copyright, trademark, patent, and other intellectual property laws. This KSRNY Content, including all associated intellectual property rights and derivative works, whether registered or not, remains the exclusive property of KSRNY or third parties. The KSRNY Content is also potentially safeguarded as a collective work or compilation under U.S. copyright and other laws. You are obliged to respect all applicable copyright and other laws. Access to the Website or Service does not imply any transfer of ownership rights in the KSRNY Content. Any updates to the Website or Service provided by us that replace or supplement the original will be governed by these Terms, unless they come with separate terms, in which case those terms apply.
• Usage Restrictions. It's prohibited to create, develop, license, install, use, or deploy any external software or services aimed at bypassing, altering, or interfering with any technical limitations present in the Website or Service. Except as specifically allowed by these Terms, copying or publishing the Website for replication by others, decompiling, reverse engineering, disassembling, attempting to extract the source code of, modifying, or creating derivative works from the Website or Service, or any updates or parts thereof, is not permitted (unless such actions are not prohibited by applicable law or are allowed by the licensing terms of any open source components included in the Website). Any infringement of these restrictions may lead to legal action and damages. The Website or Service must not be used in any way not explicitly authorized by these Terms or in violation of any applicable laws or regulations.
User Eligibility
You affirm that: (i) you are at least eighteen (18) years of age; (ii) you possess the legal right, authority, and capacity to agree to these Terms; and (iii) you will comply with all these Terms.
Governing Jurisdiction
The Website and Service are managed and operated by KSRNY within the United States and are not subjected to the laws or jurisdiction of any state, country, or territory outside the United States. KSRNY does not claim that the Website or Service is suitable or available for use outside the United States.
Website Access
Accessing and browsing the Service is free of charge. However, you may incur charges for internet or telecommunication services at rates set by your service providers. Access to the Service requires a compatible computer, tablet, or mobile phone with internet and mobile network access and an Android or iOS operating system. The Website's software may be periodically updated to introduce new features and services.
Conduct Guidelines
In using the Service, you must not: (i) transmit or communicate any unlawful, harmful, misleading, abusive, harassing, defamatory, vulgar, obscene, privacy-invasive, hateful, or racially, ethnically or otherwise objectionable data or information; (ii) upload or input any information containing software viruses or harmful computer code; (iii) impersonate any individual or falsely represent your affiliation with any person or entity; (iv) engage in any unlawful or unsafe activities through the Service; (v) alter identifiers to disguise the origin of any content; (vi) violate any laws, regulations, procedures, or policies; (vii) use automated means to access or copy any part of the Service; (viii) transmit or access content you have no legal right to transmit; (ix) collect personal information about other Users; (x) alter or harm other Users’ information; (xi) infringe on any third party’s rights; (xii) use the Service in a way that adversely affects its functionality or other Users’ access; or (xiii) perform any acts not expressly permitted under the Terms. You commit to using the Service in compliance with these Terms and all relevant laws and practices.
Suspension of Service
We reserve the right to suspend or terminate the Website and/or Service at our discretion without notice and bear no liability for such actions.
Third-Party Content
The Service may feature links to external websites or include content owned or operated by third parties, potentially interesting to our Users ("Third-Party Content"). KSRNY is not responsible for the examination or evaluation of Third-Party Content and is not liable for it. Upon following a link to a third-party website, the applicability of these Terms and our Privacy Policy ceases. We advise reviewing the policies of third-party websites before interaction.
Warranty Disclaimer
THE WEBSITE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. KSRNY EXPLICITLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF AVAILABILITY, ACCURACY, SECURITY, TIMELINESS, QUALITY, OR USEFULNESS OF THE WEBSITE OR SERVICE; WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; AND ANY WARRANTIES REGARDING THE SERVICE PROVISION. THIS DISCLAIMER COVERS ANY DAMAGES OR INJURIES CAUSED BY THE WEBSITE OR SERVICE, INCLUDING BUT NOT LIMITED TO FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OR ALTERATIONS OF RECORDS. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE ENTIRE RISK OF USING THE WEBSITE AND SERVICE LIES WITH YOU.
Liability Limitation
KSRNY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUCCESSORS, OR ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR SERVICE, REGARDLESS OF THE ADVISED POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES FOR LOSS OF PROFITS, BUSINESS, OR INFORMATION. OUR LIABILITY, INCLUDING THAT OF AFFILIATES AND EMPLOYEES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. KSRNY’S TOTAL LIABILITY IN CONNECTION WITH THE WEBSITE OR SERVICE WILL NOT EXCEED $25.00 U.S. DOLLARS.
Indemnification
By utilizing the Service, you agree to defend, indemnify, and hold harmless KSRNY and its affiliates, partners, officers, directors, and employees from any claims, liabilities, costs, and expenses, including attorney fees, arising from your use of the Service or any violations of these Terms. KSRNY retains the right to control the defense of any such claims.
Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. You agree to the exclusive jurisdiction of the federal and state courts in New York County, New York, for any disputes arising from these Terms.
Agreement in Totality
These Terms, along with the Privacy Policy, represent the entire agreement between you and KSRNY regarding the Website and Service, superseding all prior communications and agreements on the subject matter.
Terms Assignment
You may not transfer, assign, sublicense, or pledge your rights or obligations under these Terms. KSRNY may assign, transfer, or pledge its rights and obligations under these Terms to any subsidiary, affiliate, successor, or third party without your consent or notification.
Terms Modification
KSRNY reserves the right to modify or update these Terms periodically. Such amendments become effective upon posting on the Website. You are responsible for reviewing these Terms regularly. Continued use of the Website and Service following amendments implies your acceptance of the modified Terms.
General Provisions
Failure by KSRNY to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Should any provision of these Terms be unenforceable or invalid for any reason, it will be enforced to the maximum extent permissible, and such invalidity does not affect the enforceability of other provisions. No contractor, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. Any actions related to these Terms must be commenced within twelve (12) months after the cause of action accrues. All notices and communications under these Terms must be in writing and are deemed duly given when received. Notices can be sent to KSRNY via email at info@KSRNY.com or by mail at KSRNY 1385 Broadway 22nd Floor New York, NY 10018
If you have any questions regarding these Terms or the Website or Service, please contact us at info@KSRNY.com.