1. Acceptance of Terms. Your access to and use of this Site is subject on Your compliance with these Terms and Conditions and all applicable laws. By accessing and browsing this Site, You accept, without limitation or qualification, the Terms and Conditions herein. Your continued use of this Site is contingent upon Your checking for any updates to these Terms and Conditions and Your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time by clicking on the Terms and Conditions link at the bottom of the Site. Please note that websites launched by any affiliates, subsidiaries or divisions of The Moinian Group may be governed by separate terms and conditions.
2. Description of Services. The Moinian Group provides users of the Site with access to information about The Moinian Group as further described below (“Service(s)”). This Service enables You to browse commercial and residential properties, view information about The Moinian Group and read press releases, news articles, and other information. From time to time The Moinian Group may post and accept employment information, whereby You can also submit inquiries via an email form, submit a resume in consideration for a position of employment at The Moinian Group Development Corp. You can send resumes in response to posted jobs or as a general submission in case a suitable job becomes available and The Moinian Group’s HR department may send information to the user or contact the user by phone or email. As part of such inquiries you may provide personally identifiable information to The Moinian Group (including, name, email address and other optional information) in conjunction with a request for employment or if you request information from the company’s press and news section. The Moinian Group will keep such information and periodically forward the appropriate information to the HR department. You can send resumes in response to posted jobs or as a general submission in case a suitable job becomes available and The Moinian Group’s HR department may send information to You or contact You by phone or email.
3. Use of Site. The Moinian Group authorizes You to use the Site and Service for Your personal use only. All content on this Site, including rental and sales information (“Properties”), text, graphics, photographs, logos, images, audio clips, video clips, streaming content, downloads, and data (the “Content”) is the property of The Moinian Group or its third party suppliers and licensors and is protected by copyright laws. This Service, the Site and its Content is solely intended to assist individual customers and real estate brokers in contacting The Moinian Group and its agents concerning Properties and other The Moinian Group services. You may not sell, copy, distribute, publish, perform publicly, license, sublicense, transfer, assign, publish, display, scrape, transmit, download, store, post, enter into a database or in any way exploit the Content, including the Properties, in whole or in part. You agree that You will not use any robot, spider or other automated device, process, or means to access the Site. You agree that You will not use any device, software or routine that interferes with the proper working of the Site nor shall You attempt to interfere with the proper working of the Site. You agree that You will not use any manual process to monitor or copy the Site web pages or the Content or for any other unauthorized purpose without The Moinian Group’s prior express written permission. You agree that You will not use this Site to interfere with or disrupt the Service or servers or networks connected the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance. No person, including without limitation any broker or real estate professional, may market or make commercial use of Properties or Content in any way, except as permitted by The Moinian Group in writing. You may not use any photographs or other images on the Site for commercial use. The Moinian Group may revoke your right to use the Site, Properties or Content in its sole discretion. In the event that The Moinian Group, in its sole discretion, determines that Your use of the Site, Properties or Content misrepresents the Site, Properties or Content, including but not limited to the size or type of listing, or is otherwise unauthorized, The Moinian Group reserves its right to seek any appropriate legal remedy.You may not use the Site, Service, Content or Property in violation of the rules of Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any other federal, state, or local law or regulation. Any such improper action is expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the fullest extent of the law. All software used on this site is the property of The Moinian Group or its software suppliers and is protected by applicable laws.
4. License Terms. You have a non-exclusive, limited, revocable license to visit and use the Site and Services while You are in compliance with these Terms and Conditions, and all other conditions and limitations described for use of the Site. Nothing in this license, or in the Site, shall be construed as granting You any other rights or privileges of any kind with respect to the Site or any Content on the Site. In consideration of this authorization, You agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and You agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials and Content contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of The Moinian Group is expressly prohibited.
6. Links. Links to third party websites contained in this Site are intended for informational purposes only. The Moinian Group has no control over such third party 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. Your rights and obligations with respect to any such website are set forth therein.
7. No Resale of Service. You will not duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service.
8. Modifications to Service. The Moinian Group reserves the right to modify, suspend or discontinue all or a portion of the Service with or without notice. You agree that The Moinian Group shall not be liable to You for any modification, suspension or discontinuance of the Service.
9. Termination of Services. The Moinian Group reserves the right to terminate Your use of the Services or Your access to the Site, for any reason. Any termination pursuant to this provision may be without prior notice and You agree that The Moinian Group shall not be liable to You for such termination.
10. Disclaimer of Warranties.
11. Limitation of Liability. The Moinian Group shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, 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, the Site or the Service.
13. Governing Law. These Terms and Conditions are to be construed in accordance with and governed by the internal laws of the State of New York, without giving effect to any conflicts of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties. Any legal suit, action or proceeding arising out of or relating to this Terms and Conditions, Your use of the Site, Service or Content shall be commenced in a federal court in the Southern District of New York or in state court in the County of New York, New York, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.
14. Trademarks. THE MOINIAN GROUP® is a registered trademark of The Moinian Group Development Corp. The trademarks, service marks and logos used on this Site are trademarks of The Moinian Group 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. All rights not explicitly granted herein are reserved.
15. Contact Information. Any questions regarding these Terms and Conditions should be directed to info@Moinian Group.com.
16. Fair Housing. The Moinian Group 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.
17. CAN-SPAM of 2003. The Moinian Group complies with and requires that any brokers or commercial users of the Site, Services, Content or Properties comply with CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) which establishes requirements for those who send commercial email.
18. General Information. These Terms and Conditions constitute the entire agreement between You and The Moinian Group and govern Your use of the Site and the Services. The failure of The Moinian Group to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.