Last Updated: November 7, 2022
This website (the “Site”) is created, controlled and published by Jack Sitt Real Estate LLC (“Jack Sitt”).
Jack Sitt provides the Site and related programs and services (collectively, the “Services”) for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). This Agreement sets forth Jack Sitt’s policies with respect to its operation of the Services. BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE EITHER AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (COLLECTIVELY, “DEVICE”); AND (D) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
Please read this Agreement carefully before using the Services. Your use of any part of the Services constitutes your acceptance to be bound by this Agreement. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of the Services.
Certain programs or features offered by the Services, and certain areas within this and/or other Services may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
| QUICK GUIDE TO CONTENTS |
| 1. Privacy and Protection of Personal Information |
| 2. Accounts, Cancellation |
| 3. Disclaimer of Warranties |
| 4. Limitations on Liability |
| 5. Indemnification |
| 6. Modification/Termination of the Services |
| 7. Software and Downloads Available Through the Services |
| 8. User Code of Conduct |
| 9. Mobile Devices |
| 10. International Use |
| 11. General |
| 12. COPYRIGHT & TRADEMARK NOTICE |
| 13. Changes to this Agreement |
1. Privacy and Protection of Personal Information
Please review the Jack Sitt Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Services you agree to the terms of the Jack Sitt Privacy Policy.
2. Accounts, Cancellation
If you register for an account to use the Services, you must complete the registration process specified on the Site by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a user name and password and a user name. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify Jack Sitt immediately of any unauthorized use of your account. Jack Sitt is not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.
You may cancel your account or subscription to the Services at any time by notifying Customer Service at [email protected].
3. Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. JACK SITT affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Services, including thE Site and its contents (THE “JACK SITT PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE JACK SITT PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. JACK SITT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE JACK SITT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
JACK SITT IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JACK SITT’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
4. Limitations on Liability
In no event shall the Jack Sitt Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Services, or the content of any site or sites linked to from the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Jack Sitt has been advised of the possibility of damages. In no event shall Jack Sitt’s liability exceed the total amount paid by you to Jack Sitt, if any, for accessing the Services.
5. Indemnification
You agree to defend, indemnify and hold harmless the Jack Sitt Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software. You agree to cooperate fully with Jack Sitt in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
6. Modification/Termination of the Services
Jack Sitt may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof at any time for any reason with or without notice to you.
If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Jack Sitt shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.
Except where otherwise provided, the Services are currently available without charge. Jack Sitt reserves the right to charge a fee for access to or use of the Services, including the Site and any other services available through the Services, at any time in the future, and Jack Sitt will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.
7. Software and Downloads Available Through the Services
Any software that is made available in connection with the Services, including applications, podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Jack Sitt and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Jack Sitt has no liability with respect to any Software owned or controlled by third parties.
8. User Code of Conduct
The Services are for your personal and non-commercial use only. In accessing and using the Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity.
- Deliver, or provide links to, any postings containing material that
- could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
- harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
- is defamatory, false or libelous
- infringes or violates any intellectual property or other right of any entity or person.
- Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to deceive or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.
9. Mobile Devices
Through use of the Services, you may be able to: (a) upload content to the Site via your mobile Device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services, including the Site’s operations. Any equipment or software causing interference will be immediately disconnected from the Services, and Jack Sitt may immediately suspend or terminate your further use of the Services. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Services.
10. International Use
Accessing materials through the Services by certain persons in certain countries may not be lawful, and Jack Sitt makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.
11. General
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to this Agreement, the Additional Terms, the Services, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York, New York, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction, provided, however, that the party that commences an action to enforce, vacate or otherwise modify an arbitration award shall not include any confidential information in such filing unless required to do so by applicable court rules and, if so required, shall take all reasonable actions to prevent the disclosure of such confidential information, including but not limited to moving for permission to make its initial filing under seal or filing a redacted version of its filing that omits such information. The parties to the arbitration will share equally the administrative costs of such arbitration proceedings. You agree to commence any arbitration proceeding with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.
If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Jack Sitt with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of Jack Sitt. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
If you have any questions concerning this Agreement or the Services, please contact us at [email protected].
12. COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Jack Sitt logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Jack Sitt or by other parties that have provided rights thereto to Jack Sitt.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of Jack Sitt. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by Jack Sitt, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of Jack Sitt.
Copyright Infringement
Jack Sitt respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any materials through the Services you are granting permission to have such materials posted on the Site or via any other of the media channels used for the Services, and are representing that you are the rightful owner of the submitted materials, and that no one else may claim rights to these materials. Jack Sitt reserves the right to remove access to infringing material. Such actions do not affect any other rights Jack Sitt may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
By mail:
DMCA Designated Agent
Jack Sitt Real Estate LLC
By Facsimile: [insert number]
By Email: [email protected]
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Jack Sitt to locate the material.
(iv) Information reasonably sufficient to permit Jack Sitt to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
13. Changes to this Agreement
Jack Sitt reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. Jack Sitt will endeavor to provide notice of any material change to this Agreement on the Site or through other means, but whether or not it provides such notice, your continued use of the Services constitutes your agreement to be bound by any changes to the Agreement. Please review this Agreement and/or the Additional Terms periodically for changes.
I HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS OF THIS AGREEMENT __