Related - For Sale Residences

Terms and Conditions
1. Acceptance of Terms. Your access to and use of this Web site (this "Site") is subject on your compliance with the following terms and conditions (the "Terms and Conditions") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms and Conditions herein. The Related Companies, L.P. ("TRCLP") may revise these Terms and Conditions at any time by updating this posting. Your continued use of this Site is contingent upon 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 visiting this Web page. Please note that Web sites launched by any affiliates, subsidiaries or divisions of TRCLP may be governed by separate terms and conditions.

2. Description of Services. The Related Condo Owner service provides homeowners in Related-managed buildings with access to a variety of resources and functions to help facilitate their life in a Related building. Among the resources available are: (1) building and Related Management announcements; (2) package delivery notifications; (3) service request tracking; (4) a payment feature that lets owners view and pay for open charges via automatic bank withdrawal; (5) building amenity and resource information, (6) information on Related Signature Services^SM and RelatedStyle Services^®; (7) a request form for the Related Personal Assistant; (8) information on technology options in the building; (9) offers from Related partners; (10) online profile management; (11) a feedback area; (12) building contact information and forms; and (13) postings of owner and resident documents (the “Services”).

In accessing these services: a) Users will provide required information to TRCLP (including user name and password) plus email address and other optional information in conjunction with transactions and may request information regarding a variety of the above-mentioned services. TRCLP will store all owner and resident information in a secure database for the duration of the owner/resident’s tenure in the building; (b) Users may send an individual request to a member of the building staff or a contracted third party (ex. the Related Personal Assistant) and the staff member or contracted third party shall send requested information to the user; (c) Users may have the option of viewing their open account balances. Users may have the option of inputting their bank account information at the site, which will be transferred in a secure environment to a payment processor, either as a one time payment or as part of an ongoing automatic billing program; (d) Users will be identified by the building in which they live and will be able to view certain information relating to their building and the services the building provides; (e) Users may fill out surveys and, in so doing, may provide information to TRCLP about themselves and their experience in the building.

3. Use of Information on this Site. Any use of this Site is for your personal use only. TRCLP authorizes you to copy any portion of this Site, which is not the property of third parties, provided that such use shall be for non-commercial use only by you or any person within your organization. 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 contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of TRCLP is expressly prohibited.

4. TRCLP Privacy Policy. Any and all personal information posted to this Site is subject to our Privacy Policy, found by clicking on the "Privacy Policy" link on the footer of this Web site.

5. User Conduct. You agree that you will not use this Site to: (a) Interfere with or disrupt the Services or servers or networks connected the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or (b) Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.

6. Links. Links contained in this Site are intended for informational purposes only. TRCLP has no control over such Web sites, makes no representations about such Web sites, does not endorse such Web sites and assumes no responsibility for any content or materials on or available from such Web sites.

7. No Resale of Services. You will not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services.

8. Modifications to Services. TRCLP reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that TRCLP shall not be liable to you for any modification, suspension or discontinuance of the Services.

9. Termination of Services. TRCLP 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 TRCLP shall not be liable to you for such termination.

10. Disclaimer of Warranties. (a) This site is provided on an "as is" basis. TRCLP 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, course of dealing or usage of trade and non-infringement; (b) The information posted at the Site and in emails generated from the Site is given as of the date hereof and TRCLP assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur; (c) TRCLP makes no warranty that (i) the Site or the Services will meet your requirements, (ii) the Site or the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate or reliable, (iv) the quality of the information or materials obtained by you through the Site or the Services will meet your expectations, or (v) any errors in the software will be corrected; (d) Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material; (e) The posting of available apartments by us does not guarantee that an apartment will be available at the time the user makes an inquiry, nor does it guarantee that prices will not change. We make no representations or warranties that the lists of available apartments or prices remain accurate. Furthermore, inquiring about an apartment through the Site or through any other means does not mean that you are considered an applicant of an apartment. You are not considered an applicant of an apartment until you have filled out and returned an application and that application has been accepted by a Related Rentals leasing representative. (f) No advice or information, whether oral or written, obtained by you from TRCLP, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.

11. Limitation of Liability. TRCLP 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 Services.

12. Governing Law. Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New York law without giving effect to any rules of conflicts of law, and shall be subject to the exclusive jurisdiction of the courts of the county of New York, New York, USA.

13. Trademarks. The following are trademarks of TRCLP, its affiliates or subsidiaries: THE RELATED COMPANIES and design, CITYPLACE, , RELATED URBAN DEVELOPMENT, ONE CENTRAL PARK, FIVE STAR LIVING, RELATED RENTALS and design, RELATEDSTYLE SERVICES, RELATED SIGNATURE SERVICES, EXPECT MORE AT HOME and RELATED HI-TECH HOME. The trademarks, service marks and logos used on this Site are trademarks of TRCLP 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.

14. Contact Information. Any questions regarding these Terms and Conditions should be directed to: webinfo@related.com.

15. General Information. The Terms and Conditions constitute the entire agreement between you and TRCLP and govern your use of the Site and the Services. The failure of TRCLP 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 statute 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.

Related Privacy Policy

The Related Companies, L.P., its divisions, affiliates, and subsidiaries (“Related”) have created this privacy policy in order to demonstrate our firm commitment to consumer privacy. Related recognizes the importance of protecting the privacy of personal and financial information you may provide Related through this web site or through other means. When you access our web sites, opt to fill out an information submission form, or otherwise provide Related with your personal information, such as your name, address, email address, or phone number, you give Related your consent to process and use such submitted information in accordance with the terms and conditions of this Privacy Policy. The following describes the general information-gathering and dissemination practices for our websites, including those associated with specific Related properties, as well as those our affiliates, subsidiaries, and divisions (the “Related Web sites”).

Collection of Personal Information

Related collects personal information when you fill out an online form that is submitted to Related via a Related Web site, including, but not limited to, those forms requesting information about Related or any of our properties, or requests for someone at Related to contact you. The submission forms require you to provide contact information (such as name and e-mail address), and in some cases ask for other optional information (such as your phone number, home address and contact preferences).

Use and Disclosure of Personal Information

Related uses the information from the submission forms to send you information about our company, our properties, as well as to contact you when necessary. You may opt-out of receiving future mailings or e-mails in accordance with the “Opt-Out” section below.

Related may share your personal information with our affiliates and subsidiaries in accordance with this Privacy Policy. Otherwise, Related may share your personal information only under the following circumstances:

• Agents. Related employs other companies and individuals to perform functions on our behalf (e.g., creating and maintaining the Related Web sites, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance and providing customer service) (“Agents”). Our Agents will have access to personally identifiable information solely to perform their functions and provide their services to Related, and for no other purpose.

• Business Transfers. As Related continues to develop our business, Related may sell or buy assets. In such transactions, customer information generally is one of the transferred business assets. Thus, if Related or a subsidiary Related controls, sells substantially all of its assets, or is acquired by another entity, customer information may be one of the transferred assets and you agree that you consent to such transfer.

• Protection of Related and Others. Related releases account and other personal information when such release is necessary to comply with the law; enforce or apply our Terms of Use or other agreements; protect the rights, property, or safety of Related and our users; or in connection with a legal claim or proceeding. This includes exchanging information with other companies and organizations as part of our efforts to prevent fraud and identity theft.

Collection, Use, and Disclosure of Non-Personal Information

“Non-Personal Information” contains nothing that could identify you personally. Related may collect such Non-Personal Information, such as demographic and profile data, through the Related Web sites. Related may aggregate Non-Personal Information and share it with our affiliated companies and other third parties.

Security

Related uses physical, logical, and procedural security measures to protect the information you provide to Related. However, while Related uses commercially reasonable steps to protect the personal information you provide to Related from unauthorized access, use or disclosure, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients.

Accuracy and Retention

You are entitled to request access to and correction of all personal data you provide to Related, or to remove your name from Related’s contact list at any time by contacting us. If you choose to pay your rent or other expenses via a Related Web site, you will be required to provide Related with your credit card and billing information as part of the transaction.

Opt-Out

In order to opt-out of future e-mails on a given topic, you should click on the UNSUBSCRIBE link that is available at the bottom of each message. This will halt future communications for that specific function. Related will process your opt-out request promptly, but it may take up to two weeks for the request to be processed through our systems and you may receive communications from Related during that period. To re-subscribe, you may return to the relevant Web site and resubmit the request form.

For Residents, you may modify your e-mail preferences through the Profile section of the Resident Circle website.

IP Address

Related uses your Internet protocol (IP) address to help diagnose problems with our server, as well as to administer the Related Web sites. Your IP address is used to help identify you and to gather broad demographic information. Related may use your IP address to help protect ourselves and our partners from fraud. For system administration purposes, Related also logs IP server addresses and catalogues traffic patterns through the Related Web sites. However, Related does not link this information to users' personal information.

Cookies

Cookies are pieces of data assigned by a Web server that uniquely identify the browser on your computer. Web sites typically use temporary cookies called “session” cookies to ensure that you are recognized when you move from page to page within one site and that any information you have entered is remembered. For example, if an e-commerce site did not use session cookies then items placed in a shopping basket would disappear by the time you reach the checkout. Web sites also use cookies called “persistent” cookies to enable a Web site to remember you on subsequent visits, speeding up or enhancing your experience of services or functions offered. Related may set and access both persistent and session cookies on your computer. You have the option to accept or disable cookies at any time through your Web browser. Visit the “help” portion of your toolbar for more information. Your decision to accept or reject a Related cookie will not affect your ability to access the Related Web site, however, the site may not function as intended if a cookie is rejected. Our sites’ cookies are not linked to any personally identifiable information.

Links

This Web site may contain links to other web sites that are operated or owned by third parties. Please note that when you click on one of these links, you are navigating to another web site. Related encourages you to read the privacy statements of these linked sites as their privacy policies may differ from ours. Related is not responsible or liable for the privacy practices or the content of these third-party web sites, and you use them at your own risk.

Modification And Notification Of Changes

Related may, at our sole discretion, edit this Privacy Policy from time to time, so you may wish to check it each time you submit personal information through a Related Web site.

Age Restriction

Related does not intend to collect personally identifiable information from anyone under the age of eighteen (18). If you are under eighteen, please ask your parents to use the Related Web sites. Please do not submit any personal information or details if you are under the age of eighteen.

California Privacy Rights

California Civil Code Section 1798.83 permits customers of Related who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to CaliforniaPrivacy@related.com. Please note that Related is only required to respond to one request per customer each year, and Related is not required to respond to requests made by means other than through this e-mail address.

Contacting Us

If you have any questions about this Privacy Policy, the practices of any of the Related Web sites or the information you have submitted to the Related Web sites, you can contact Related at webinfo@related.com.


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