2. Damages. You agree that remedies at law may be inadequate to protect Olnick against any actual or threatened breach of these terms and conditions and, without prejudice to the rights and remedies otherwise available to Olnick, you agree to the granting of injunctive relief in Olnick’s favor without proof of actual damages and to waive any requirement for the securing or posting of any bond in connection with such remedy.
3. Modification of Website. Olnick reserves the right, in its sole discretion and without prior notice, to modify or remove any information or content on this Site and to suspend, discontinue or revise any or all aspects of this Site or the Services. You agree that Olnick shall not be liable to you for any modification, removal, suspension or discontinuance of this Site and/or the Services.
4. Registered Members. To access or use certain Services on this Site, you may be required to register on this Site by creating an account and providing certain information (i.e. name, address, email address) to Olnick. You are responsible for the safekeeping of your password and account and preventing others from using your account. You are solely responsible for all activities that occur under your password or account and agree to immediately notify Olnick of any unauthorized use of your password or account or any other breach of security. You agree to make sure that you exit from your account at the end of each session. Olnick cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. Use of this Site and Proprietary Materials. Any use of this Site is for your personal use only. Subject to the restrictions set forth herein, Olnick grants you permission to access and use the Services, including but not limited to the ability to: view, copy download and print certain content available on this Site, provided that the content is used for non-commercial use only. Any information obtained from this Site shall retain all copyright and proprietary notices contained therein and you agree that all materials provided on this Site, including, but not limited to, all text, logos, designs, graphics, images, information, software, documents, products and services, and the onsite selection, arrangement and display thereof, are the copyrighted works of Olnick and/or its vendors or suppliers. Any use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of Olnick is expressly prohibited.
6. Manner of Use. You agree that you will not use this Site to: (a) interfere with or disrupt the Services or servers or networks connected the Services, including, without limitation, transmittal of any worm or virus or anything similar, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or (b) make false, fraudulent or speculative offers or claims, or (c) intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance. You are solely responsible for your conduct and any content that you submit to this Site.
7. Links. This Site may include links to other sites on the Internet that are not owned by Olnick. You acknowledge that such links are intended for informational purposes only and Olnick has no control over such websites, makes no representations about such websites, does not endorse such websites and assumes no responsibility for any content or materials on or available from such websites.
8. Termination. Olnick reserves the right to terminate your use of the Services or your access to this Site, for any or no reason, and without notice or liability of any kind.
(a) This Site is provided on an “as is” basis. Olnick makes no warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, durability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement. No advice or information, whether oral or written, that you obtain from Olnick or this Site shall create any warranty, representation, or condition not expressly stated herein;
(b) Olnick assumes no responsibility for the accuracy of the information posted on this Site, and no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur;
(c) Olnick specifically disclaims all liability relating to your use of this Site, the Services and Site content and makes no warranty that (i) this Site or the Services will meet your requirements, (ii) this Site or the Services will be available uninterrupted, timely, secure or on an error-free basis, (iii) the results that may be obtained from the use of this Site or the Services will be accurate or reliable, (iv) the quality of the information or materials obtained by you through this Site or the Services will meet your expectations, or (v) any errors in the software will be corrected;
(d) Access to, and use of, this Site and Services are at your own discretion and rise, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Olnick assumes no liability for any computer virus or similar code that is downloaded to your computer from this Site or in connection with the Services;
(e) Any listings on this Site may be updated, changed, modified, withdrawn, rented at any time without notice. Olnick does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and Olnick expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. Furthermore, inquiring about an apartment through this Site or through any other means does not mean that you are considered an applicant of an apartment. You are not considered an applicant of an apartment until you have filled out and returned an application and that application has been accepted by a leasing representative. All square forage and dimensions are approximate. Before you act on any information you have found on this Site, you should independently confirm any facts that are important to your decision. If you rely on any information, content or service available through this Site, you expressly agree that you do so solely at your own risk. You understand that you are solely responsible for any damage or loss you may incur that results from your use of any information, content or service from this Site;
(f) No advice or information, whether oral or written, obtained by you from Olnick, this Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.
10. Limitation of Liability. Without limiting the foregoing, Olnick shall not be liable for any direct, indirect, incidental, punitive, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, business interruption, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or the inability to use, this Site or the Services. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or punitive damages, so the above limitations and exclusions may not apply to you. If you reside in such a jurisdiction, the above limitations and exclusions shall apply to you to the fullest extent permitted under applicable law.
11. Indemnity. You agree to indemnify and hold Olnick, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to uor use of this Site or Services, (ii) your violation of the Term and Conditions, or (iii) the infringement by you , or any third party using your account of any intellectual property or other right of any person or entity. Olnick reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Olnick and you agree to cooperate with Olnick’s defense of these claims. You agree not to settle any matter without the prior written consent of Olnick. Olnick will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. Governing Law. Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New York law without giving effect to any rules of conflicts of law. You agree to personal jurisdiction by and venue in the courts of the county of New York, New York, USA.
13. Trademarks. The trademarks, service marks and logos used on this Site are trademarks of Olnick and others. No license or right to use any trademark contained on this Site is granted, whether by implication or otherwise, and any use of any trademark contained on this Site is expressly prohibited unless authorized in writing by the trademark holder.
14. Contact Information. Any questions regarding these Terms and Conditions should be directed to: firstname.lastname@example.org.
15. Fair Housing Act. Olnick fully supports the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, religion, color, national origin, sex, familial status, and disability.
16. Age Restriction. Our site is not directed to children under the age of 13. We operate our site in compliance with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age.
(a) The Terms and Conditions embodies the entire agreement and understanding between you and Olnick and supersedes any and all prior agreements, arrangement and understanding relating to the use of this Site and the Services; (b) The failure of Olnick to exercise or enforce any right or provision of the Terms and Conditions, including any failure to act with respect to a breach, shall not constitute a waiver of such right or provision or Olnick’s right to act with respect to subsequent or similar breaches; (c) If it is found in a final judgment by a court of competent jurisdiction (not subject to further appeal) that any term or provision hereof is invalid or unenforceable, (i) the remaining terms and provision hereof shall be unimpaired and shall remain in full force and effect and (ii) the invalid or unenforceable provision or term shall be replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term or provision; (d) You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose; (e) The paragraph headings in these Terms and Conditions are included to help make these Terms and Conditions easier to read and have no binding effect. WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.