Terms & Conditions
These 25 Water Street Website Terms and Conditions and Mobile Application End-User License Agreement (the “Terms”) are inclusive of the 25 Water Street Privacy Policy (“Privacy Policy”), and any and all other applicable Company (as defined below) operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference, and shall be referred to herein, collectively, as the “Agreement.”
NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST COMPANY, AS WELL AS ITS PARENTS, SUBSIDIARIES, MEMBERS, RELATED PARTIES, THIRD-PARTY PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
1. Your Consent to the Agreement. The 25 Water Street Offerings (as defined below) are owned and operated by GFP Real Estate LLC and MetroLoft Management LLC (collectively, “Company,” “we,” “our” or “us”). You agree to the terms and conditions contained in the Agreement, in their entirety, when you: (a) access and/or use the Company website located at www.somanyc.com (the “Site”); (b) download, attempt to download and/or use the Company mobile application (the “App”) and associated Software (as defined below), as made available on the iPhone® and iPad®, as well as Android® and other mobile devices (collectively, “Mobile Devices”), by and through the Apple® App Store, the Google Play® store, and other applicable venues (collectively, “Download Venues”); (c) access certain text, images, video, audio and other content and information relating to the 25 Water Street Offerings as made available by: (i) Company (collectively, “Company Content”); and/or (ii) third-party content providers (“Third-Party Content”,” and together with the Company Content, the “Content”); (d) register for an account (“Account”) as a resident of the building located at 25 Water Street (the “Building”) and an end-user of the App and/or Site (“User”), which enables Users to: (i) access interactive areas of the App and Site, such as comment sections and message boards, that enable Users to interact with other building residents, Users and Company personnel (“Interactive Services””); (ii) book amenities services offered by the Building (“Amenities Booking Services”); (iii) submit maintenance requests for apartments in the Building (“Maintenance Request Services”); (iv) complete and submit an application for a rental property (“Application”) in the Building (“Rental Application Services”); and (v) pay rent for apartments in the Building (the “Rent Payment Services,” and together with the Site, App, Content, Interactive Services, Amenities Booking Services, Maintenance Request Services and Rental Application Services, the “25 Water Street Offerings”); and/or (e) otherwise affirmatively consent to these Terms and/or the Agreement.
These Terms are effective as of the date set forth above. Please print the Agreement for your records. A printed version of the Agreement will be valid, enforceable, and admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as a paper agreement that you sign manually. Violations of the Agreement may result in suspension or termination of your Account.
Apple®, iPhone® and iPad® are registered trademarks of Apple, Inc. (“Apple”). Android®, Google® and Google Play® are registered trademarks of Google, Inc. (“Google”). Please be advised that Company is not in any way affiliated with Apple or Google, and the 25 Water Street Offerings are not endorsed, administered or sponsored by Apple or Google.
2. Modification. We may amend the Agreement from time to time in our sole discretion, without specific notice to our Users; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to billing provisions associated with the Rent Payment Services (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted through the App and on the Site, and you should review the Agreement, in its entirety, prior to using the 25 Water Street Offerings. By your continued use of the 25 Water Street Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
3. Requirements; Necessary Equipment; Data Charges. The 25 Water Street Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; and (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions) (collectively, “Usage Requirements”). The 25 Water Street Offerings are not intended for individuals who do not satisfy the Usage Requirements. If an end-user does not satisfy the Usage Requirements in their entirety, that end-user does not have permission to access or use the 25 Water Street Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/Mobile Device, mobile telephone number, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the 25 Water Street Offerings. Company does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Company does not guarantee that the 25 Water Street Offerings can be accessed: (i) on all Mobile Devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the App and other 25 Water Street Offerings. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
In addition to the foregoing, individuals are not permitted to access the 25 Water Street Offerings with “Jail-Broken Mobile Devices.” For purposes of the Agreement, a Jail-Broken Mobile Device is a Mobile Device that runs: (A) Apple’s® iOS operating system (including the iPhone®, iPad® and second-generation Apple TV®) that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple®; and/or (B) the Android® operating system that has had any of its Android®-based software restrictions removed via any procedure that is not fully endorsed and authorized by the applicable Mobile Device manufacturer.
4. Registration; Termination of Accounts. In order to open an Account and utilize certain of the 25 Water Street Offerings (including the App), each prospective User will be required to register for an Account. Where a User opens an Account, Company may collect some or all of the following information about that prospective User: (a) full name; (b) e-mail address; (c) mailing address; (d) telephone number; (e) credit card information, debit card information and/or bank account information (where you wish to utilize the Rent Payment Services); and/or (f) any other information requested by Company on the applicable form (collectively, “Site Registration Data”).
Further, in order to submit an Application for a rental property in the Building via the Rental Application Services, Company may collect some or all of the following information about that prospective User: (i) full name of the User and any other individuals that will reside in the rental property (collectively, “Co-Inhabitants”); (ii) e-mail addresses of the User and each Co-Inhabitant; (iii) current home address of the User, as well as any other home addresses of the User during the previous twenty-four (24) months (“Prior Addresses”); (iv) the name, telephone number, email address, fax number of all landlords associated with the Prior Addresses; (v) the rent paid, and move-in and move-out dates of all Prior Addresses; (vi) the telephone numbers of the User and each Co-Inhabitant; (vii) the User’s date of birth; (viii) the User’s Social Security Number; (ix) the User’s sources of income, job title, annual income, and the name, telephone number, mailing address and email address of the User’s current employer; (x) the name, age, type, breed type, weight, color and age of any pets that the User will prospectively reside at the subject rental property; (xi) the year, make, model, color and license plate number/state for each vehicle that the User will prospectively park at the subject rental property; (xii) one of the following for the User: (A) government issued identification such as military identification, driver’s license or passport; (B) age of majority card; (C) birth certificate; or (D) Social Security card; and/or (f) any other information requested by Company on the applicable Application (collectively, “Rental Application Registration Data,” and together with the Site Registration Data, the “Registration Data”).
Each User agrees to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in an up to date and accurate fashion. Company may reject a User’s form and/or terminate a User’s Account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where: (A) Company believes that such User is in any way in breach of the Agreement; (B) Company believes that such User is engaged in any improper and/or unauthorized conduct in connection with the 25 Water Street Offerings; and/or (C) Company believes that such User is, at any time, engaged in any activity by and/or through the 25 Water Street Offerings that may violate Applicable Law (as defined below).
Upon cancellation or termination of your Account for any reason: (I) you must immediately cease all use of the 25 Water Street Offerings and uninstall and delete all copies of the App and associated proprietary software (together with the content included therein, any associated documentation, and any application program interfaces, license keys, patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, collectively the “Software”); and (II) all licenses and rights granted to you under the Agreement shall automatically terminate. All terms and conditions contained in the Agreement that are unrelated to the 25 Water Street Offerings including, without limitation, disclaimers, limitations of liability, dispute resolution, indemnity, copyright notices, and your obligation to pay any amounts due hereunder, will survive any cancellation or termination of your Account. Company will retain pertinent Account information for as long as required by law.
As part of the registration process, Users will be provided with, or must select, a username and/or password for log-in purposes in connection with both the Site and the App. If the username(s)/password(s) that a User requests is/are not available, that User will be asked to supply another username/password. If Company provides a User with a username/password, that User can change that username and/or password, or the one that the User selected during registration, at any time through her/his/its Site and/or App Account settings, as applicable. We may, in our sole discretion, reject, change, suspend and/or terminate any username. Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted. Impersonating other Users is prohibited. Each User agrees to notify Company of any known or suspected unauthorized use(s) of her/his/its Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of her/his/its username(s)/password(s). Each User shall be responsible for maintaining the confidentiality of her/his/its username(s)/password(s) and Account. Each User agrees to accept responsibility for all activities that occur through use of her/his/its username(s)/password(s) and Account. Any fraudulent, abusive or otherwise illegal activity engaged in by any User, or any entity or person with access to that User’s username(s)/password(s) and/or Account may be grounds for termination of that User’s Account, in Company’s sole discretion, and that User may be reported to appropriate law enforcement agencies.
5. Compliance with Applicable Law. Each User represents and warrants that she/he/it and her/his/its use of the 25 Water Street Offerings in general, shall: (a) fully comply with all applicable local, state, federal and international laws, rules and regulations (collectively, “Applicable Law”); and (b) shall not infringe upon or misappropriate any third-party’s intellectual and/or proprietary rights.
6. The App and Site.
(a) Installation. Company believes in providing Users with clear, concise and complete disclosure before Users download and install the App, including a description of the primary functions of the App. The App requires User consent prior to installation. Company does not believe that Users should be deceived into downloading or installing the App. In order to download the App, as made available on the iOS® and Android® mobile platforms, you must either utilize the options made available: (i) on the Site; or (ii) via participating Download Venues. You understand and agree that Company shall not be liable to you, any other User or any third-party for any claim in connection with your use of, or inability to use, the App.
(b) Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional “add/remove” programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: jbruncaj@gfpre.com.
THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT DELIVER ADVERTISEMENTS TO YOUR MOBILE DEVICE, PROVIDED THAT ADS MAY APPEAR IN THE APP ITSELF.
(c) Functionality. The App and Site enable Users to: (i) book amenities services offered by the Building through the Amenities Booking Services; (ii) submit maintenance requests through Maintenance Request Services; (iii) submit an Application for a rental property via the Rental Application Services and (iv) pay rent for the Building through the Rent Payment Services.
Company does not represent, warrant or guarantee that: (A) the Building amenities will be available during any requested period; and/or (B) the maintenance requests will be received by the Building, or acted upon promptly. Without limiting the foregoing, Company shall not be liable, under any circumstances, for any matter relating to the Amenities Booking Services, Maintenance Request Services, Rental Application Services and/or Rent Payment Services.
(d) Rent Payment Services. You can pay rent for your apartment in the Building through the Rent Payment Services. Upon completing the applicable form associated with the Rent Payment Services, and upon providing the requisite Registration Data, your Payment Method (as defined below) will be charged the applicable rent charge for your apartment. For purposes of the Agreement, “Payment Method” shall mean your designated credit/debit card and/or bank account. UNLESS OTHERWISE INDICATED, ALL RENT PAYMENTS ARE FINAL AND NON-REFUNDABLE.
The charges associated with your rent payments will appear on your Payment Method statement through the identifier “[INSERT HOW THE CHARGES WILL APPEAR ON THE CREDIT/DEBIT CARD OR BANK STATEMENT].” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior notice to you (with Site-updates, App-updates and/or e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Payment of rent through the Rent Payment Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any rent payments made prior to the applicable amendment or modification.
Company’s authorization to charge your Payment Method for rent is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively (collectively, the “E-Sign Act”). Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the E-Sign Act and other similar state and federal statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE 25 WATER STREET OFFERINGS. Further, you hereby waive any rights and/or requirements under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. You acknowledge and agree that you have the ability to print information delivered to you electronically, or otherwise know how to store that information in a way that ensures that it remains accessible to you in unchanged form.
(e) Rental Application Services. You can complete and submit an Application for an apartment in the Building through the Rental Application Services. All Applications shall be submitted to Company’s third-party Application screening service, On-Site.com. All Applications shall be evaluated based on a rental scoring system. Rental scoring is based on real data and statistical data such as payment history, quantity and type of accounts, outstanding debt, and age of accounts. Every applicant is treated objectively because each application is scored statistically in exactly the same manner. The rental scoring system will compare your application to On-Site’s database, and by evaluating those statistics and real data in accordance with pre-established criteria established by Company, On-Site will recommend to Company that your Application be accepted, accepted with conditions or denied. Company shall not be liable, under any circumstances, for any matter relating to the Rental Application Services, including any decision to reject an Application or accept an Application with conditions of any kind.
(f) Interactive Services. Subject to the restrictions contained herein including, without limitation, those contained below, the Interactive Services may allow Users to send messages to other Users of the App and/or Site, as well as engage in other interactive communication. In connection with the Interactive Services, each User shall be solely responsible for the communications, text, content and other material (collectively, “Feedback”) posted by and through the Interactive Services. Company reserves the right to prohibit any conduct by Users, or to remove any materials or Feedback posted by Users by and through the Interactive Services, that Company deems, in its sole and absolute discretion, to be in violation of the Agreement or which Company believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Company to harm, damage to reputation or liability. Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the actions of Users, Feedback, Content and/or other material posted by Users and/or other third parties. You agree to use the Interactive Services in a manner consistent with any and all applicable laws and regulations. In connection with your use of the Interactive Services and other of the 25 Water Street Offerings, you agree not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (ii) display any audio files, text, photographs, videos or other images containing confidential information; (iii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (iv) impersonate any person or entity; (v) “stalk” or otherwise harass any person; (vi) engage in unauthorized advertising to, or commercial solicitation of, other Users; (vii) transmit any chain letters, spam or junk e-mail to other Users; (viii) express or imply that any statements that you make are endorsed by Company, without Company’s specific prior written consent; (ix) harvest or collect personal information of other Users whether or not for commercial purposes, without their express consent; (x) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App, Site and/or their respective content; (xi) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xii) remove any copyright, trademark or other proprietary rights notices contained on the Site and/or in the App; (xiii) interfere with or disrupt the App, Site and/or the servers or networks connected to same; (xiv) post, offer for download, e-mail or otherwise transmit any material that contains 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; (xv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (xvi) “frame” or “mirror” any part of the App and/or Site without Company’s prior written authorization; (xvii) use metatags or code or other devices containing any reference to any 25 Water Street Offerings in order to direct any person to any other mobile application or website for any purpose; (xviii) contain or link to material associated with any form of gambling or wagering involving money, merchandise, property or other items of value; and/or (xix) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the 25 Water Street Offerings or any software used in or in connection with 25 Water Street Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to the App and/or Site without notice, in the sole discretion of Company. Company reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
(g) Download Venues. The Agreement is entered into by and between you and Company, and not with the applicable Download Venue that you use to access the App. As between Company and any participating Download Venue, Company is solely responsible for the App. No Download Venue has any obligation to furnish any maintenance and/or support services with respect to the App. The Download Venues are third-party owned and operated websites/applications. Use of those stores shall be governed by the applicable venue’s agreements or terms and conditions. Company does not control the Download Venues or any of the actions, policies or decisions made by the operators of those venues. If you accessed or downloaded the App from the Apple® Store, then you agree to use the App only: (i) on an Apple®-branded product or device that runs iOS (Apple’s® proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple® Store Terms of Service, as applicable.
(h) Remote Access, Updates and Bug Fixes. Company reserves the right (but is not obligated) to add additional features or functions to the existing App, and to provide technical support including bug fixes, error corrections, patches, new releases or any other component not specified within these Terms, from time-to-time. When installed on a User’s Mobile Device, the App periodically communicates with Company servers. Company may require the updating of the App residing on a User’s Mobile Device when Company releases a new version of the App, or when Company makes new features available. The aforementioned technical support and/or updates may occur automatically without prior notice, or upon prior notice to you, and may occur all at once or over multiple sessions, in Company’s sole and absolute discretion. By downloading the App, you hereby consent to these update/technical support services. Our access to your Mobile Device will be limited to providing support and/or updating the App. Where we are denied access for these purposes, your ability to utilize App-based 25 Water Street Offerings may be limited. Each User understands that we may require that User’s review and acceptance of our then-current Agreement before that User will be permitted to use any subsequent versions of the App. Each User acknowledges and agrees that Company has no obligation to make any subsequent versions of the App available to that User, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.
(i) Third-Party Software. ANY THIRD-PARTY SOFTWARE, AS WELL AS ANY THIRD-PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE APP ARE MADE AVAILABLE FOR USE AT EACH USER’S SOLE OPTION AND RISK. IF A USER CHOOSES TO USE SUCH THIRD-PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD-PARTY’S LICENSING AGREEMENT(S), TERMS AND CONDITIONS, AND PRIVACY PRACTICES. COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY USER’S USE OF, OR INABILITY TO USE, THIRD-PARTY SOFTWARE.
(j) App License Grant/Termination. Subject to the restrictions set forth in the Agreement, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the App and related Software, in object code format only, on Mobile Devices owned or controlled by you, solely for the purpose of accessing and using the 25 Water Street Offerings in accordance with the Agreement, and solely for so long as your Account is in good standing. You acknowledge that you are receiving licensed rights only. The licenses set forth in this Section 6 shall be in effect unless and until the licenses are terminated by Company. Company may terminate the licenses set forth in this Section 6 and/or disable, remove or change the App and/or any portion thereof in its sole discretion at any time, with or without notice, by remote updates or otherwise. In addition, the license(s) will terminate immediately with respect to a User if that User fails to comply with any term or condition of the Agreement. Each User agrees upon expiration or termination of the license(s) to immediately un-install the App. You may not network the App and/or Software among multiple Mobile Devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the App, Software and/or their structural framework; (ii) create derivative works of the App and/or Software; (iii) use the App and/or Software, in whole or in part, for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the App and/or Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the App and/or Software in any way to permit other products or information to interoperate with the App and/or Software. You are responsible for all use of the App and/or Software that is under your possession or control.
(k) Export Restrictions. Each User agrees that the App may not be transferred or exported into any other country or used in any manner prohibited by U.S. or other applicable export laws and/or regulations.
7. Content. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the App, Site and/or other 25 Water Street Offerings. The Content is compiled, distributed and displayed by Company, as well as third-party content providers (collectively, “Third-Party Providers”). Company does not control the Content provided by Third-Party Providers that is made available by and through the 25 Water Street Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. Company does not represent or warrant that the Content and other information posted by and/or through the 25 Water Street Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. Users agree that Company shall have no obligation and incur no liability to such Users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
8. Ownership. The 25 Water Street Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, and all Company logos, symbols, trade dress or “look and feel,” and all derivative works or modifications of/to any of the foregoing, and all related and underlying intellectual property (including, without limitation, patents, trademarks, trade secrets and copyrights), are the sole and exclusive property of Company. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the 25 Water Street Offerings does not convey or imply the right to use the 25 Water Street Offerings in combination with any other information or products. The posting of information or material by and through the 25 Water Street Offerings does not constitute a waiver of any right in or to such information and/or materials. The “25 Water Street,” “GFP Real Estate” and “MetroLoft” names and logos are trademarks of GFP Real Estate LLC and/or MetroLoft Management LLC, as applicable. The use of any Company trademark without Company’s express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site, in the App or otherwise by and through the 25 Water Street Offerings by Company does not constitute a waiver of any right in or to such information and/or materials.
9. License. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the 25 Water Street Offerings. Company may terminate this license at any time for any reason. Unless otherwise expressly authorized by Company in writing in each instance, Users may only use the 25 Water Street Offerings for their own personal, non-commercial use. No part of the 25 Water Street Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the 25 Water Street Offerings except as expressly permitted by Company. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the 25 Water Street Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the 25 Water Street Offerings. No User or other third-party may use the 25 Water Street Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the 25 Water Street Offerings for any commercial purposes not expressly permitted by Company. Each User further agrees to indemnify and hold Company harmless for that User’s failure to comply with this Section 9. Company reserves any rights not explicitly granted in the Agreement.
10. Prohibited Conduct.
(a) Abuse. In accessing the 25 Water Street Offerings, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the 25 Water Street Offerings.
(b) Hacking, Tampering or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other User’s Account, interfere with procedures or performance of any 25 Water Street Offerings, or deliberately damage or undermine any 25 Water Street Offerings is subject to civil and/or criminal prosecution and will result in immediate termination of your Account. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access to or use of the 25 Water Street Offerings or your Account.
(c) Restrictions. Any use, reproduction or redistribution of the 25 Water Street Offerings, or related services not expressly authorized by the Agreement is expressly prohibited. You may not engage in, or assist others in engaging in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (ii) providing unauthorized means through which others may use the 25 Water Street Offerings, such as through server emulators; (iii) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers’ network infrastructure, or that could damage, disable, overburden or impair the 25 Water Street Offerings; (iv) interfering with any other party’s use and/or enjoyment of the 25 Water Street Offerings; and/or (v) attempting to gain unauthorized access to third-party Accounts and/or the 25 Water Street Offerings.
(d) Reporting Prohibited Conduct. You may report prohibited conduct by forwarding all evidence of abuse to: jbruncaj@gfpre.com. All such evidence and your messages become our property and we may use them for the purposes set forth hereunder. Please report responsibly. In addition to the foregoing, we reserve the right to disclose or report any illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we may institute or seek any injunctive relief, civil and/or criminal proceedings against any User and/or any co-conspirators arising out of or related to any violation of the Agreement including, without limitation, recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
11. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LEGALITY OF YOUR USE OF THE 25 WATER STREET OFFERINGS, OR RELATED SERVICES, AND NO PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US SHALL HAVE THE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
THE 25 WATER STREET OFFERINGS, AND ALL RELATED SERVICES, PRODUCTS, INFORMATION, IN-APP FEATURES AND DATA PROVIDED OR MADE AVAILABLE BY OR THROUGH THE 25 WATER STREET OFFERINGS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, FREEDOM FROM VIRUS OR OTHER DISABLING ROUTINE, INTERRUPTION, OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. USE OF THE INTERNET AND TELECOMMUNICATIONS SYSTEMS IS INHERENTLY RISKY AND YOU DO SO AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT: (A) THE 25 WATER STREET OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE 25 WATER STREET OFFERINGS WILL BE ACCURATE OR RELIABLE; (C) ANY DEFECTS IN THE 25 WATER STREET OFFERINGS WILL BE CORRECTED; (D) THE APP WILL BE AVAILABLE FOR INSTALLATION OR REINSTALLATION WITH ALL MOBILE DEVICES OR THAT THE 25 WATER STREET OFFERINGS WILL BE COMPATIBLE WITH ANY SPECIFIC PC, HARDWARE, MOBILE DEVICE, WIRELESS NETWORK OR SERVICE; (E) THE 25 WATER STREET OFFERINGS WILL BE FREE FROM TECHNICAL ERROR, OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC; (F) THE 25 WATER STREET OFFERINGS WILL ENABLE YOU TO SUBMIT RENT PAYMENTS, OBTAIN BUILDING AMENITIES OR OBTAIN MAINTENANCE SERVICES; (G) THAT YOU WILL QUALIFY FOR A RENTAL UNIT VIA THE RENTAL APPLICATION SERVICES; OR (H) THE 25 WATER STREET OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY AND/OR THROUGH THE 25 WATER STREET OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM, RELATING TO, OR ARISING OUT OF, VIOLATIONS OF THE AGREEMENT BY OTHER USERS AND WE HAVE NO RESPONSIBILITY TO ENFORCE THE AGREEMENT FOR THE BENEFIT OF ANY USER.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. AS SUCH, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.
12. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS, THIRD-PARTY PROVIDERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE OR OUR THIRD-PARTY SUPPLIERS, THIRD-PARTY PROVIDERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, ARISING OUT OF OR RELATING TO THE AGREEMENT, THE 25 WATER STREET OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR THE INABILITY TO USE THE 25 WATER STREET OFFERINGS; (B) THE INABILITY TO INSTALL, OR REINSTALL, THE APP ON ANY MOBILE DEVICE; (C) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, ACCOUNT AND/OR OTHER PERSONALLY IDENTIFIABLE OR NON-PERSONALLY IDENTIFIABLE INFORMATION THAT WAS COLLECTED BY AND/OR THROUGH THE SITE/APP OR OTHER 25 WATER STREET OFFERINGS INCLUDING, WITHOUT LIMITATION, SEARCH TERMS ENTERED ON THE SITE, WEBSITE REFERRERS, DEVICE TYPES (DESKTOP, MOBILE, TABLET, ETC.), BROWSER TYPES, SITE/APP PAGES VISITED, TIME SPENT ON EACH SITE/APP PAGE, NAVIGATION PATH THROUGH THE SITE/APP, AND/OR ANY ACTION TAKEN ON THE SITE AND/OR THROUGH THE APP, INCLUDING CLICKS, DOWNLOADS, PURCHASES, FORM SUBMISSIONS AND ADD TO CART/ABANDONED CART ACTIONS; (D) ANY TECHNICAL ERROR OR OTHER ERROR OF ANY KIND, WHETHER HUMAN, MECHANICAL OR ELECTRONIC, ASSOCIATED WITH ANY OF THE 25 WATER STREET OFFERINGS; (E) THE FAILURE TO SUBMIT A RENT PAYMENT, OBTAIN BUILDING AMENITIES OR OBTAIN MAINTENANCE SERVICES; (F) THE FAILURE TO QUALIFY FOR A RENTAL UNIT VIA THE RENTAL APPLICATION SERVICES; AND/OR (G) ANY OTHER MATTER RELATING TO THE 25 WATER STREET OFFERINGS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THE AGREEMENT, THE 25 WATER STREET OFFERINGS, OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU BY AND THROUGH SAME SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS, THIRD-PARTY PROVIDERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES. AS SUCH, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 12 MAY NOT APPLY TO YOU.
13. Miscellaneous.
(a) Technical Difficulties. We are not responsible for delays, disruptions, malfunctions or other technical interruptions that affect the 25 Water Street Offerings including, without limitation, problems with Mobile Devices, the App, the Site, computer systems, telephone carriers, or Internet service providers, or the quality of coverage, strength of signal, delays or outages in service.
(b) Linked Sites. You may be able to access third-party websites or services via the Site and/or App including, without limitation, the websites of our Third-Party Providers. We are not responsible for third-party websites, services or content available through those third-party websites. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party software, websites or services may be subject to those third-parties’ terms and conditions and privacy policies. Please review those legal policies before using any linked websites.
(c) Privacy Policy. The Company Privacy Policy, located at [INSERT URL OR HYPERLINK], is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully prior to installing the App and/or utilizing the Site and/or any other of the 25 Water Street Offerings.
(d) Representations and Warranties. Each User hereby represents and warrants to Company as follows: (i) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (ii) such User understands and agrees that such User has independently evaluated the desirability of utilizing the 25 Water Street Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (iii) the execution, delivery and performance by such User of the Agreement will not conflict with or violate: (A) any order, judgment or decree applicable to such User; or (B) any agreement or other instrument applicable to such User; (iv) such User’s use of the 25 Water Street Offerings will not infringe upon the rights of any third-parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (v) such User shall not “stalk” or otherwise harass any person.
(e) Our Rights and Remedies; No Waiver. No Company right or remedy shall be exclusive of any other, whether at law or in equity including, without limitation, damages, injunctive relief, attorneys’ fees and expenses. Our failure to require or enforce strict performance by you of any of the terms and conditions contained in the Agreement, or to exercise any right under same, shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
(f) Assignment. We may assign the Agreement, and any rights and obligations hereunder, in whole or in part, at any time without notice to you. You may not assign the Agreement or transfer any rights to use the 25 Water Street Offerings.
(g) Severability. The Agreement is intended to be severable. If for any reason any terms and/or conditions contained in the Agreement are held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such terms and/or conditions shall, in such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be binding.
(h) No Third-Party Beneficiaries. The Agreement is solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
(i) Indemnification. You agree, at your own cost and expense, to indemnify and hold us and our members, directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to: (i) your breach of the Agreement; (ii) any unauthorized or improper use of the 25 Water Street Offerings and related services; (iii) your violation of Applicable Law; (iv) any failure by you to provide accurate and up-to-date Registration Data; (v) your Feedback; and/or (vi) your negligence or misconduct. If we instruct you in writing, you will, at your cost and expense, defend us from and against any of the foregoing using counsel reasonably acceptable to us.
(j) California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident Users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
(k) Notice to U.S. Government Users. The App is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government Users acquire the App with only those rights set forth therein.
(l) Conflicting Terms. To the extent that anything in or associated with the 25 Water Street Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
14. Dispute Resolution, Class Action Waiver and Arbitration. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the 25 Water Offerings, the Agreement and/or any other aspect of the relationship between the parties (and Covered Parties). Without limiting the foregoing, should a dispute arise concerning the 25 Water Offerings, the terms and conditions, the Agreement or the breach of same by any party hereto or any other aspect of the relationship between the parties (and Covered Parties): (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration, applying the substantive laws of the State of New York, before JAMS, in accordance with the then current General Arbitration Rules & Procedures of JAMS; provided, however, that Company reserves the right to require that any and all user claims be combined and conducted under the JAMS Mass Arbitration Procedures and Guidelines where there are seventy-five (75) or more arbitration demands pending against Company that are similar to the demand for arbitration submitted by you; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here[INSERT LINK TO FORM]. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must: (i) provide Company with proof that you downloaded the App and/or accessed the Site and provided consent to the Agreement; and, thereafter (ii) submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the earlier of the date that you first download the App or access the Site.15. Contact Us. Please send any questions or comments regarding the 25 Water Street Offerings, or any other related matter (including all inquiries unrelated to copyright infringement): (a) by U.S. Mail to: GFP Real Estate, LLC, 25 Water St., 15th Floor, New York, NY 10041; (b) by email to: jbruncaj@gfpre.com; or (c) by calling us at: (917) 539-8683. Please print these Terms for your records.