It would be ideal if you read these Terms of Use carefully (“Terms”). These Terms oversee and apply to your access and use of the communication platform provided by “Project Apartments”), Project Apartments services available through The Project Apartments Network (Project Apartments by means of the Project Apartments website and Project Apartments mobile app (“App”) (all hereinafter collectively, ” Project Apartments” and the Project Apartments “Service(s)”) and any information, text, graphics, photographs or other materials uploaded, downloaded or showing up on the Service (collectively referred to as “Content”). By accessing or using the Service, you consent to abide by and to be limited by the entirety of the terms of use stated in these Terms. If you don’t consent to these terms of use, you are not approved to use the Service. The words “You”, “Your,” and “Yourself” refer to the individual user of the Service.
Other than the advice and guidance you received directly by you from your rental expert, the other educational, graphics, research sources, and other incidental information on the website, the Content, ought not to be viewed as agent representation, unless otherwise noted. Project Apartments doesn’t not represent any specific landlord and/or user, unless otherwise noted
To get access to the Services, you should initially register an individual user account (“Account”), by providing certain information. You agree that you won’t create more than one Account, or create an Account for anybody other than yourself without first getting authorization from the other person. In exchange for your use of the Service and, if applicable, in order for rental experts to send notices to you, you agree to: (i)provide valid, exact, current and complete information about yourself as required by our Account enrollment form (understanding you may use an anonymous username or nickname after you provide certain personal and emergency Contact Information); and (ii) each time you sign in, maintain and immediately update such Account information to keep it valid, exact, current and complete. In case you give any information that is false, inaccurate, not present or incomplete, or Project Apartments has reasonable grounds to presume that such Account information is false, inaccurate, not present or incomplete, You will consistently be liable for keeping up the privacy of your Account password and username (assuming any) and some other security information similar to your Account. Project Apartments won’t be subject to any loss that you incur because of another person getting to and using your Account, either with or without your consent.
You agree not to access or use the Service in an unlawful manner or for an unlawful or illegitimate purpose or in any way that violates these terms. You will not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, offensive, defamatory, indecent, deceitful, predatory of minors, embarrassing, undermining or contemptuous to any individual; or (iii) information that infringes or disregards any of the intellectual property rights of others or the privacy or publicity rights of others. You will not try to disturb the activity of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, refusal of service attacks, flooding, or spamming. You will not use the Service in any way that could harm, disable, or hinder the Service. You will not try to gain unapproved access to any user account or computer systems or networks, through hacking, password mining, or some other methods. You will not use any robot, scraper, or different means to access the Service for any reason. Neither Project Apartments nor its partners are under any commitment to respond to messages posted on the Service. You are exclusively liable for the information or material you post on the Service.
The following terms apply to any App accessed through or downloaded from any source, (for example, the Apple App Store or other related platforms) where the App is made accessible (each such distribution platform an “App Provider”). You accept and consent that:
these Terms are between you and Project Apartments, and not with the App Provider, and that Project Apartments (not the App Provider), is exclusively liable for the App; and the App Provider has no obligation to supply any maintenance and support services with regards to the App claims, misfortunes, liabilities, harms, expenses or costs owing to any failure to conform to any warranty will be the sole duty of Project Apartments.
If you download the App, for example, a stand-alone software product or a browser plugin, you consent that every once in a while, the software may require that you download upgrades, updates and extra features we publish so as to improve, upgrade, and further develop the software, Service, or App. The Service may change from time to time and/or Project Apartments may stop (temporarily or permanently) providing the Service (or features within the Service), probably without earlier notice to you.
Any payment you make for the use of the Service is used to compensate Project Apartments for its software development, overhead, administrative service and other corporate expenses and charges, including transaction fees for Credit Card usage.
The Project Apartments Network practicing through the Platform likewise compensate for the use of the Project Apartments technology and administrative fees. Some portion of your payment for the use of the Service accounted for independently is transferred to the Rental Experts for the direct real estate services provided to you. You consent to pay all expenses and charges related to your Account on a timely basis as per the fee schedule, and the terms and rates published by Project Apartments every once in a while. Such expenses and charges (including any taxes and late fees, as applicable) might be charged to the Credit Card you provided during the earlier creation of your Account. You consent to maintain valid Credit Card information in your Account. By giving Project Apartments your Credit Card information you authorize Project Apartments to bill and charge your Credit Card.
Project Apartments doesn’t directly employ the Rental Experts matched through the Service. Project Apartments created a modern, digital real estate network, across New York State digitally trained and licensed real estate agents. The Project Apartments Network just works with independent, authorized, safeguarded, and vetted professional Rental Experts.
So as to get an endorsement to practice using the Project Apartments Network, the applying Rental Expert must be found to be in agreement with the policies and procedures of Project Apartments, This verification process incorporates, however, isn’t restricted to:
Verification of licensure. The Rental Expert holds a valid, current license to conduct real estate transactions which is verified directly from the state license agency.
Verification of at least three years of work experience and affirmation that the Rental Expert can practice autonomously at the highest applicable state-level of licensure.
Your relationship with the Rental Expert is only with the Rental Expert. Project Apartments isn’t engaged with the expert-client relationship and doesn’t meddle, approve, or control the Rental Expert’s consultation except recommending on behalf of You when following up on a specific complaint. Project Apartments does not provide what can constitute as “legal advice”. Any “legal advice” provided by a Rental Expert is based on their opinion, and should be verified with a real estate legal professional or organization. Project Apartments has created an accredited network and employs the most advanced data science accessible to offer the Project Apartments Network Provider the best digital tools to practice Project Apartments conducts steady Network quality assurance checks using advanced analytical tools to study such censorious issues as Rental Experts availability, response times, and the number and duration of consultation interactions. As expressed, you are constantly advised to practice a high level of care and wariness in the use of Project Apartments Network of Rental Experts as you would make any real estate engagement.
The entirety of the content available on or through the Service is the property of Project Apartments or its licensors and is secured by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, distribute, disseminate, retransmit, sell, broadcast, publish, or spread the content received through the Service to any 3rd party. All software and accompanying documentation made accessible for download from the Service is the copyrighted work of Project Apartments or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
Project Apartments hereby allows you a limited, revocable, non-transferable, and non-exclusive permission to use the software, network facilities, content and documentation on and in the Service to the extent, and just to the extent, important to access and use the Service.
The license granted herein doesn’t allow you to, and you consent not to: (I) change, interpret, reverse engineer, dismantle, decompile or create derivative works of the Service or permit a 3rd party, regardless of whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to adjust, interpret, reverse engineer, dismantle, decompile or create derivative works of the Service; or (ii) transfer, sell, lease, distribute, rent, disclose or provide access to the Service to any 3rd party or use the Service to provide service bureau, time-sharing or other services to 3rd parties
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE HIGHEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PROJECT APARTMENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT RESTRICTED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A SPECIFIC PURPOSE OR NON-INFRINGEMENT.
WITHOUT RESTRICTING THE PRIOR, PROJECT APARTMENTS DOESN’T WARRANT THAT ACCESS TO THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE, OR THAT DEFECTS, ASSUMING ANY, WILL BE CORRECTED. YOU EXPLICITLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR DEPENDENCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK. PROJECT APARTMENTs DOES NOT MAKE ANY GUARANTEES IN REGARDS TO APARTMENT AVAILABILITY, ACCESS OR QUALIFICATION. ALL ARRANGEMENTS POST-CONSULTATION ARE BETWEEN CLIENT/USER AND ACCESSOR (I.E LANDLORD, LISTING AGENT OR TENANT) UNLESS OTHERWISE NOTED
YOU WILL BE EXCLUSIVELY AND COMPLETELY LIABLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF INFORMATION, OR ANY INAPPROPRIATE USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY INDIVIDUAL USING YOUR USERNAME OR PASSWORD. PROJECT APARTMENTS CAN’T AND DOESN’T ACCEPT ANY ACCOUNTABILITY FOR ANY DAMAGE, HARMS OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY SECURED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR RULES ACCESSED THROUGH THE SERVICE.
IN CASE OF ANY ISSUE WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING THE SERVICE. BY NO MEANS WILL PROJECT APARTMENTS, ANY PROJECT APARTMENTS LICENSOR OR PROVIDER, OR ANY 3RD PARTY WHO PROMOTES THE SERVICE OR GIVES YOU A LINK TO THE SERVICE BE RESPONSIBLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT RESTRAINED TO, ANY ERRORS OR MISTAKES IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF 3RD PARTIES, OR FOR ANY DAMAGE OR LOSS OF ANY KIND CAUSED BECAUSE OF THE USE OF ANY CONTENT.
BY NO MEANS WILL PROJECT APARTMENTS, ITS LICENSORS, PROVIDERS OR ANY 3RD PARTY WHO PROMOTES THE SERVICE OR GIVES YOU THE LINK TO THE SERVICE, BE RESPONSIBLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR UNUSUAL DAMAGES (INCLUDING, WITHOUT RESTRICTION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS DISTURBANCE, LOSS OF PROGRAMS OR OTHER INFORMATION ON YOUR COMPUTER OR SOMETHING ELSE) ARISING FROM OR REGARDING YOUR USE OF THE SERVICE, REGARDLESS OF WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, SEVERE LIABILITY OR SOMETHING ELSE, REGARDLESS OF WHETHER PROJECT APARTMENTS OR THEY HAVE BEEN CAUTIONED CONCERNING THE POSSIBILITY OF SUCH DAMAGES.
A few jurisdictions don’t permit the prohibition of certain warranties or the prohibition or restriction of liability for significant or incidental damages, so the restrictions above may not apply to you.
Any link (including a hyperlink, button, or referral device of any kind) used in the Service is supplied to your use and comfort. The presence of a link doesn’t establish recommendation, endorsement, or certification by Project Apartments, nor should the presence of link be interpreted as an idea that any 3rd-party site has any relationship to Project Apartments. Project Apartments doesn’t approve the content of any 3rd party sites. Project Apartments isn’t liable for the content of linked third-party sites or 3rdparty promotions and doesn’t make any representations concerning its content or precision. Project Apartments doesn’t intentionally link to sites that may infringe on valid and existing trademarks, service marks, copyrights, or licenses. Your use of 3rd party sites is at your own risk and subject to the terms and conditions of use for such sites.
The Project Apartments Platform advises its Users and practicing Rental Experts to be aware of and respect and comply with the local laws of any international based Client. Project Apartments is cognizant and respects the formal promulgation of the existing European Union (EU) data privacy regulations. The General Data Protection Regulation 2016/679 is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area. It additionally addresses the export of personal data outside the EU and EEA and is regularly referred to as “GDPR.” Project Apartments has consistently respected our User’s Privacy (see our Privacy Policy) and we were already a HIPAA certified platform following strict data privacy rules.
The basic tenants of the promulgated GDPR guidelines include, however are not restricted to the following:
Disclosure when you sell, transfer or 3rd party advertising of User’s data: As outlined in this Terms and condition, Project Apartments doesn’t sell or transfer Client data and any marketing efforts are focused exclusively on internal information updates to our registered User.
Access to collected information: At Project Apartments, you already have the ability to access your shared data (Your personal information, your emergency contact information and all your interaction with your Providers) and use it as you wish.
Clear Consent: At Project Apartments our Terms and condition are clear about what consent we seek concerning your information and prior to your engagement with your Rental Expert, you review and agree to a further “informed consent” process.
Security: At Project Apartments we have encrypted our data from the very first moment and have consistently stored all user info with full compliance as required by the GDPR.
Notice/Audit: At Project Apartments, we will provide our Users notice of any data breach and we employ a full-time security Officer, just as engaging in a 3rd party security firm to periodically audit our code and technology security.
Finally, depending on your EU country or origin, the GDPR considers what was recently termed the right “to forget” or request the deletion of your data once you stop using a specific application or site.
Project Apartments might suspend or end your access to the Service at any time, under any circumstances or for no reasons at all. Project Apartments have the right (but not the obligation) to decline to give access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Project Apartments reserves the right to modify, suspend, or discontinue all or part of the Service, temporarily or permanently without notice.
During your on-boarding and during the Rental Expert matching process to find out you can effectively engage with the Rental Expert. This access to just de-identified information might be accomplished using a Project Apartments on-boarding specialist and not a Rental Expert.
To review your complaints about a specific issue/instance that your report about your Expert about a specific language intention with your Rental Expert;
For your safety concerns or grievances of unprincipled Rental Expert practices;
To change you to another Rental Expert or if your account is non-responsive or inactive for a long period of time; or
To address raised quality assurance concern(s) that may apply to an individual Rental Expert, a state-wide compliance issue or a network issue.
You agree to Project Apartments using “Meta Data” and other search terms to examine ” de-identified transcripts to search for patterns and trends that may influence the quality of the Service provided to you or the practices of the Rental Expert. If your specific complaint needs a review of Consultation Transcripts in the original form, you agree to a Project Apartments Authorized Oversight Provider accessing your account just to respond to your specific compliant or raised issue.
Your Agree to Project Apartments recording your calls to Customer Service to guarantee Quality Assurance.
You affirmatively allow Project Apartments permission to have your Rental Expert periodically provide content based assessments of your progress to Project Apartments. You understand that Project Apartments provides the Rental Experts with assessment tools that serve to give information on your rental search and well-being; and that outcomes can be seen by your Rental Experts to discuss with you.
All de-identified data, meta-data and research data gathered by Project Apartments through your use of the Services remains the sole property of Project Apartments. Project Apartments may share a few or the entirety of this research data with 3rd parties regarding joint or outside research, analytics, or related purposes. Research data is used in non-identifiable aggregate form, that is, as a statistical measure, but not in a way that would recognize you personally. You will not demand that Project Apartments erase or delete any of such data.
You agree that the email username you provide can be used by Project Apartments to send you marketing offers from Project Apartments.
You acknowledge that Project Apartments must store every single personal data as legally necessary, normally for no more than seven (7) years, and may not delete such data, even upon your direct request.
Any dispute or claim relating in any manner to your use of the Project Apartments Service will be settled by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is restricted. If, an arbitrator can grant on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and should translate these Terms as a court would.
It is however agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. a claim continues in court rather than in arbitration, Project Apartments and you each waive any right to a jury trial. It is additionally agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
These Terms are governed by the laws of the State of NEW YORK, regardless of any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the New York courts in the cases that arbitration isn’t successful or is relegated or appealed to a civil court. Project Apartments’s inability to implement any right or provisions of these Terms won’t be regarded as a waiver of those rights. If any provisions of these Terms are held to be invalid or unenforceable by a court, the rest of the provisions of these Terms remain in effect. Notices required to be given to you by Project Apartments might be delivered by electronic mail to the address provided during the creation of your Account. These Terms comprise the whole Agreement between Project Apartments and yourself in regards to the Service, and supersede and replace any earlier agreement you and Project Apartments may have with respect to the Service. Project Apartments may modify these Terms occasionally without notice to you. By proceeding to access or use our Service after those amendments become effective, you consent/agree to be bound by the modified terms. We urge/encourage you to read the terms periodically.
These Terms and conditions were last updated on October 24th, 2020 and are considered effective as revised as of this date.
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