Furthermore, by using any of the pages of the dynamicedgerealty.com website, you acknowledge that the opinions and information contained within dynamicedgerealty.com, as well as DynamicEdge Realty, LLC and the opinions and information provided by its broker and agents within (or by communication through) the website, ARE NOT AND SHALL NOT BE CONSTRUED AS BEING RESEARCH, REVIEW, ADVICE, OPINIONS, OR CONSULTATION ON:
- legal matters, or anything which would constitute the practice of law,
- the physical condition of any property,
- the need for repairing any property, or the estimated amount of any repairs, or the existence of water damage, termite or other infestation, asbestos, Radon or Lead Paint (DynamicEdge Realty, LLC recommends that all consumers hire an engineer, qualified home inspector, and/or a contractor, duly licensed by the state in which the property is located for the purpose of ascertaining the physical condition of all property, and for an estimate of any necessary or desired repairs),
- the applicable zoning, building department, health department, fire regulations or other regulatory matters effecting any property or any improvements located thereon and its compliance with laws, codes and regulations,
- the surveys of any property,
- tax or financial advice with respect to the purchase, sale or ownership of any property,
- any public records concerning any property including, but not limited to, documents on file with the county clerk’s office of the county in which any property is located, Federal, State or local court offices and records in any town or village in which any property is located,
- any public or private records revealing crime scenes, sex offenders or other similar matters, or
- the environmental conditions affecting any property or the locale in which such property is located including, but not limited to, the location of toxic sites, underground infiltration of pollutants, asbestos, buried oil tanks and any other conditions which are not readily observable upon such property (DynamicEdge Realty, LLC recommends that all consumers hire the necessary duly licensed environmental experts and consultants to satisfy themselves concerning such conditions).
“DER” shall mean DynamicEdge Realty, LLC, its employees, officers, directors, broker, agents, and all other persons or entities affiliated with DER responsible for creating, maintaining, and publishing this Site, and also includes the dynamicedgerealty.com website. “Content” shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable material, advertisements, data, text, graphics, files, photos, software and video. “Site” shall mean the Internet site located at the URL address http://www.dynamicedgerealty.com (and including https://www.dynamicedgerealty.com). “User” shall mean any person or entity that accesses or uses the Site in any manner.
The dynamicedgerealty.com website is owned by DynamicEdge Realty, LLC (DER) which conducts its business at 6143 186th Street, Fresh Meadows, New York 11365. This Site may contain information which has been provided by REALTORS® who are members of the Long Island Board of Realtors (LIBOR) and/or who are agents or the broker of DER. This Site also contains information provided to dynamicedgerealty.com from a variety of sources including, but not limited to, other public websites, quasi public websites, private not-for-profit websites and business-for-profit websites. The information and/or content displayed on dynamicedgerealty.com is not guaranteed accurate by DER.
ADDITIONAL TERMS MAY GOVERN USE OR CERTAIN WEBSITES OR WEB PAGES WITHIN THE dynamicedgerealty.com WEBSITE.
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. Any financial and/or mortgage tools available on dynamicedgerealty.com are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
3. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE dynamicedgerealty.com WEBSITE
B. If and when requested by DER you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of DER, you agree that you will not access or attempt to access password protected, secure or non-public areas of the dynamicedgerealty.com website. Unauthorized individuals attempting to access prohibited areas of the dynamicedgerealty.com website may be subject to prosecution.
C. The origin of any link to the dynamicedgerealty.com website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the dynamicedgerealty.com website home page. For example, prominently positioning the dynamicedgerealty.com name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the DER or dynamicedgerealty.com name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between DER or dynamicedgerealty.com, on the one hand, and you or any other person or entity, on the other hand. You agree that if DER, in its sole and unfettered discretion, requests in writing that you remove any link or links to the dynamicedgerealty.com website, you will promptly do so. You agree that if you create any link to the dynamicedgerealty.com website that you will not employ any technology that results in the placement of content from the dynamicedgerealty.com website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the dynamicedgerealty.com website from how it would appear if a user typed in the dynamicedgerealty.com URL to a typical browser line.
D. As part of the registration process to use the Members Only portions of the Site, you will select a user name and password. You may change your password at any time in accordance with the procedure on the Site. You agree you are exclusively responsible for maintaining the security of your password. You agree to provide DER with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your access to the Site.
4. INFORMATION PROVIDED TO YOU THROUGH THE dynamicedgerealty.com WEBSITE FROM DER
A. The dynamicedgerealty.com website contains information, including, but not limited to dynamicedgerealty.com Content. DER presents and makes available such content and information through the dynamicedgerealty.com website as a public service, for the sole purpose of aiding you, the individual consumer. DER, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
B. The dynamicedgerealty.com website you are about to enter also contains links to other websites maintained by other organizations both public and private. DER has not made an independent investigation to ascertain whether or not the information contained in said sites is accurate.
C. DER takes reasonable steps to maintain the accuracy and update the Content on the Site. However, DER does not make any representations or warranties regarding the accuracy of the Content, nor does DER make any commitment to update the Content. DER reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Site at any time without notice.
D. The Content and information provided on the Site is for informational purposes only. The information should not be construed as a recommendation by DER for any course of action regarding financial, legal, or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.
5. INFORMATION PROVIDED TO YOU FROM dynamicedgerealty.com LINKS TO OTHER SITES
A. For your convenience, the dynamicedgerealty.com website contains content and information from links to affiliate websites (“Affiliate Content”). Such Affiliate Content is not under the control of DER and it is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. DER is providing such content to you only as a convenience and the inclusion of such content does not imply endorsement by DER of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO dynamicedgerealty.com CONTENT AND AFFILIATE CONTENT, PROVIDED BY DER THROUGH THE dynamicedgerealty.com WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. DER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE dynamicedgerealty.com WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7. TO dynamicedgerealty.com
8. SERVICES PROVIDED THROUGH THE dynamicedgerealty.com WEBSITE
DER provides through the dynamicedgerealty.com website a number of venues in which interactive services (“Interactive Services”), such as online calculators, planning tools, and checklists, are offered to you. Such services are offered by DER for the sole purpose of disseminating information for the public’s benefit. DER cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH dynamicedgerealty.com INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. DER MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION, INCLUDING THE CONTENT, CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. DER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. DER SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION AND CONTENT CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL DER BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION AND CONTENT CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
9. FORUMS; RESPONSIBILITY FOR SUBMISSIONS; DER’S RIGHT TO REMOVE SUBMISSIONS
From time to time a discussion forum, bulletin board, blog, chat area, news group, community, or other feature designed so that Users may upload data and images or communicate with others (“Forum”) may be made available to Users on this Site. DER, in its sole discretion, reserves the right to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any forum (“Submissions”) as well as the right to refuse to post any such Submission. DER does not guarantee that it will review every submission, nor does DER guarantee the accuracy, legality or reliability of any submissions, and under no circumstances will DER be responsible or liable for Submissions, and Users are advised to investigate and evaluate Submissions prior to relying on any of them. Users understand that Submissions may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in a Submission.
USERS REPRESENT AND WARRANT THAT THEY HAVE THE LEGAL RIGHT AND/OR HAVE OBTAINED ALL LICENSES AND PERMISSIONS NECESSARY TO POST THE SUBMISSION, AND THAT THE SUBMISSION WILL NOT VIOLATE ANY LAW OR INFRINGE ON THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, PATENT, PRIVACY OR PUBLICITY RIGHTS. USERS SHALL NOT POST ANY SUBMISSION THAT IS DEFAMATORY, LIBELOUS, SEXUALLY EXPLICIT, OBSCENE, INAPPROPRIATE, INDECENT, OR PROFANE, OR THAT IS DONE WITH THE INTENT TO HARASS, STALK, OR THREATEN OTHERS. USERS SHALL NOT USE SUBMISSIONS OR THE FORUM IN CONNECTION WITH SURVEYS, CONTESTS, PYRAMID SCHEMES, CHAIN LETTERS, JUNK E-MAIL OR SPAMMING. USERS SHALL NOT IMPERSONATE ANY OTHER PERSON WHEN POSTING A SUBMISSION OR CREATE A FALSE IDENTITY TO MISLEAD OTHERS. DER HAS THE RIGHT, AT DER’S SOLE DISCRETION, TO COPY REPRODUCE, DISTRIBUTE, TRANSMIT, AND DISPLAY SUBMISSIONS AT ANY TIME WITHOUT CONSIDERATION, AND DER HAS THE RIGHT TO DELETE ANY SUBMISSION AT ANY TIME WITHOUT NOTICE. USERS AGREE TO INDEMNIFY, DEFEND AND HOLD DER HARMLESS FROM ANY CLAIMS, ACTIONS, LIABILITIES, LOSS, COSTS, DAMAGES, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM THE USER’S SUBMISSIONS. SUBMISSIONS MAY NOT CONTAIN ANY ADVERTISEMENTS OR SOLICITATIONS WITHOUT DER’S PRIOR WRITTEN CONSENT.
DER DISCLAIMS RESPONSIBILITY AND LIABILITY FOR THE CONTENT AND OPINIONS EXPRESSED BY USERS AND/OR OTHERS ON THE SITE INCLUDING, BUT NOT LIMITED TO, CONTENT OR OPINIONS REGARDING ANY PRODUCTS OR SERVICE MENTIONED ON THE SITE.
Each Forum may have rules particular to that Forum, and Users agree to abide by those rules when participating in that Forum. DER reserves the right to limit or terminate access to Forums at any time for any reason without notice.
By posting material to the Site, you grant DER, its subsidiaries, affiliates, partners and third party licensees a non exclusive, perpetual, irrevocable, worldwide, sub licensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, aggregate your material with other content, create derivative works of and publicly perform that content for any purpose on and through each of the services provided by the Site. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed.
10. THIRD-PARTY SERVICES
A number of commercial services, such as shopping, computer, real estate agent technology, and contractor services, are offered by third parties through the dynamicedgerealty.com websites. You acknowledge that by permitting such services to be offered through the DER websites, DER is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to dynamicedgerealty.com. In order for DER to distribute your information and facilitate contacts between you and such third parties, you hereby grant DER permission to disclose any and all of the information that you provide to DER to any such third party that DER, in its sole discretion, deems relevant and appropriate.
Any information that you provide to DER must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the DER websites unless you intend, in good faith, to contract with such third party for the use of such service.
DER is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release DER from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Advertisement banners and other forms of advertising exist on the Site. However, DER is not responsible for the claims or representations made by any advertiser on the Site nor is DER responsible for the products and services of advertisers on the Site. Furthermore, the mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by DER in any respect unless expressly indicated otherwise.
12. MODIFICATION OF AGREEMENT
13. SUSPENSION OR TERMINATION OF ACCESS
DER reserves the right, in its sole discretion, to suspend or terminate a User’s access to the Site for any reason, including but not limited to, a User’s breach of this Agreement. DER may change, suspend or discontinue any aspect of the services provided at the Site at any time without notice or liability, including the availability of any feature, blog, database or content.
User agrees to defend, indemnify and hold harmless DER from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney’s fees, resulting from the User’s violation of any term of this Agreement or alleged illegal use of this Site.
15. GENERAL TERMS
This Agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York, County of Queens and/or Eastern District of New York in all disputes arising out of or relating to the use of the DER websites. Use of the DER websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DER as a result of this Agreement, or the use of the DER websites. DER’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DER’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DER websites or information provided to or gathered by DER with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and DER with respect to the DER websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and DER with respect to the DER websites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DER AND ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
You agree to indemnify, defend and hold harmless DER, its partners, officers, broker, agents, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this Agreement.
All materials on the DER websites (as well as the organization and layout of the dynamicedgerealty.com websites) are owned and copyrighted or licensed by DER, its affiliates or its suppliers and licensors. © 2018 Copyright DynamicEdge Realty, LLC. All rights reserved worldwide. No reproduction, distribution, or transmission of the copyrighted materials at the DER websites is permitted without the written permission of DER. Any rights not expressly granted herein are reserved.
If you believe that your intellectual property rights have been violated by DER or by a third party who has uploaded Content on our Site, please provide the following information to the DER-designated copyright agent listed below.
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
b. A description of where the material that you claim is infringing is located on the Site;
c. An address, a telephone number, and an e-mail address where DER can contact you and, if different, an e-mail address where the alleged infringing party, if not DER, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
f. Your electronic or physical signature.
DER may request additional information before removing any infringing material. DER may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.
Pursuant to Title 17, United State code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent listed below. ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Zenon Poplawski, Esq.
Dajka & Poplawski, PLLC
160 Noble Street, Brooklyn, NY 11222
16. USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT
IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.