Terms and Conditions

PropertyFinder, LLC a New York company (“we” or “us”), makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all services operated by us and third parties through the site (collectively, the “services”), available for the use of advertisers of residential properties for rent (“Advertisers”) and potential renters of those properties (“Renters”), subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the “agreement”).

By accessing or using this Site in any way, including, without limitation, use of any of the services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by this agreement.

We reserve the right to change the agreement and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of this agreement, rules and guidelines posted on the Site at the time of such use. You should periodically check this agreement to view the then current terms. If you breach any of these terms, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of this agreement must be immediately destroyed.

  1. NO EXPECTATION OF PRIVACY

    YOU UNDERSTAND AND AGREE THAT
    1. YOU HAVE NO EXPECTATION OF PRIVACY IN THE INFORMATION YOU SUBMIT TO THE SITE OR SERVICES THAT IDENTIFIES YOU OR YOUR INTEREST IN LETTING OR RENTING CERTAIN PROPERTIES
    2. THE VERY PURPOSE OF THIS SITE AND THE RELATED SERVICES IS TO FACILITATE COMMUNICATION BETWEEN POTENTIAL RENTERS AND BROKERS IN A TRANSPARENT MANNER.

  2. Use of Our Site Generally

    1. You must be 18 years or over to use our Site and services.
    2. We cannot accept legal responsibility for the accuracy of, or otherwise in relation to, the content of any Advertisement (whether for property or otherwise and whether on our Site or provided via our services) or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or property inquiry as these are all matters outside our reasonable control. If you intend to act on any Advertisement, you must make appropriate inquiries before proceeding including as to its accuracy and suitability for your purposes and you must also take appropriate professional advice. You rely on Advertisements at your own risk.
    3. Any content which we ourselves make available (such as downloadable renter guides or contract templates) is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Again, you must make your own appropriate enquiries and take appropriate professional or other advice before acting on any such information. You rely on any such information at your own risk. Please note that contract templates are not intended to constitute legal or other advice and may not be suitable for your circumstances.
    4. You must comply with our reasonable instructions concerning use of our Site.
    5. You must supply us with correct information on registration and keep your information up to date.
    6. You must not:
      1. use our Site for junk mail, spam and pyramid or similar or fraudulent schemes;
      2. do anything which may have the effect of disrupting our Site including worms, viruses, software bombs or mass mailings;
      3. attempt to gain unauthorized access to any part of the Site or related equipment;
      4. use our Site other than for the purposes set out in these terms and conditions.
    7. We provide website inquiry forms with each property listing for the sole use of users making genuine inquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any communications which are not genuine (such as unsolicited commercial marketing).

  3. Advertisements

    1. We reserve the right to check all new advertisements submitted to us (“Advertisements”). We will do so within a reasonable period after they have been submitted to us. We reserve the right in our discretion to reject Advertisements. If the Advertisement has been paid for, we will refund the payment less a reasonable administration fee.
    2. Advertisers must ensure that property listings and other Advertisements are accurate and up to date, are not misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist, abusive, invasive of another's privacy or similarly inappropriate.
    3. Advertisements must not include claims relating to the property or proposed transaction which are not matters of fact or which cannot be checked by reasonable inspection or survey, or in the case of any legal matters, verified by relevant documents.
    4. We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted to or posted on our Site (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate Advertisements on our Site where we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package). We also reserve the right to charge for the inclusion of hyperlinks if so stated on our Site.
    5. Only one property can be listed in each Advertisement, except in the case of multiple units at the same location in the same category (e.g., identical one bedroom units in a single building). We reserve the right in our discretion to determine whether multiple units qualify for a single Advertisement. If material changes are made to the property after you have created a Advertisement for it, you must notify us and the Advertisement will be changed to correspond to the changes made to the property.
    6. Advertisers may only use the information in leads we send them (whether via forms or dedicated phone numbers on our Site or otherwise) for the purposes specified by the inquiring Renters (e.g., to communicate about a specific property or category of properties). Advertisers must not otherwise market to or contact such persons. When using such leads or when providing products and services relating to such leads Advertisers must do so to the highest industry standards, Advertisers must comply with all applicable laws, regulations and codes of conduct (including as to data protection) and Advertisers must not infringe any third party rights.

  4. Termination

    1. We may without giving notice or reasons remove or suspend any Advertisement or terminate a user's registration or right to use our Site if
      1. we have good reason to believe that you have breached this agreement or that it is necessary to protect us or our users generally;
      2. we receive a complaint relating to your Advertisement or to you as an Advertiser or Renter;
      3. we are so required by law or appropriate authority. In such case, we will provide a refund pro rata of any subscriptions paid for any unused period.
    2. We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of an Advertisement or from termination of registration for or of use of our Site provided we act in accordance with this agreement.
    3. If we have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Site or services or re-post or re-submit the relevant content.
    4. We may in our discretion change or remove any feature of our Site. If this is a material change in a feature (as determined by us in good faith) for which you have already paid us and that results in a significant adverse effect on your use of the Site, upon your request, we will refund any applicable fees already paid for the remainder of the period to which the fee relates.

  5. Security

    1. Any username, password, activation code or similar information allocated to you is personal and not transferable. You must keep these secure and not disclose them to any third parties. Protect against unauthorized access to your computer. Ensure that you sign off when you finish using a shared computer.
    2. You are responsible for the acts or omissions of anyone who uses your information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind in accordance with the indemnity provisions set forth in paragraph 10 below.
    3. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorized disclosure or use of a password. In such case you should immediately amend your password.

  6. Access to, and Maintenance of, Our Site and Services

    1. You will need reliable Internet access. Some features will require broadband access for the best quality of service. We cannot and do not accept any responsibility for your hardware or software or for the costs of accessing our Site.
    2. We will do our best to maintain the operation of our Site and to rectify faults if they occur but cannot guarantee that the site will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. This Site and the services are provided on an “as is” basis, without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.
    3. We may have to suspend the site for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place at a time when our Site is least likely to be used and that the suspension is for the shortest period possible.
    4. If you are supplying Advertisements to our Site via an automated "feed", you must comply with our technical requirements and ensure that the data does not contain viruses, Trojans or the like or otherwise unreasonably interfere with our Site.

  7. Third Party Websites

    We may link to third party websites which may be of interest to you. We do not recommend or endorse those sites or the products or service which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk.

  8. Intellectual Property Rights

    1. All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the site and the services are the intellectual property of us or our partners. You may retrieve, display, download, copy or print such content insofar as necessary for legitimate purposes in connection with the products and services advertised on this site. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer such content without our prior written consent.
    2. If you copy any content as permitted above, you must ensure that our copyright notice on the relevant page is included.
    3. If you publish any content on our Site, you grant us a worldwide, perpetual, non-exclusive, royalty-free license to copy, alter, adapt, translate, display, sublicence, assign and create derivative works from that content in any media. This includes display of your content on websites who partner with us. You waive your moral rights in relation to such content to the extent permitted by applicable law.

  9. Limitation of Liability

    1. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
    2. You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself.
    3. If you are an Advertiser, our liability of any kind (including our own negligence) with respect to our Site for any one event or series of related events is limited to the total fees payable by you in the 12 months before the event(s) complained of.
    4. In no event (including our own negligence) will we be liable for any:
      1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
      2. loss of goodwill or reputation;
      3. special, indirect or consequential losses;
      4. damage to or loss of data (even if we have been advised of the possibility of such losses).

  10. Indemnity

    1. If you are an Advertiser, you will indemnify us against all claims and liabilities directly or indirectly related to your Advertisement and/or breach of this agreement (including reasonable attorneys’ fees).
    2. If you are a Renter, you will be liable for any loss or damage we suffer arising from your breach of this agreement or misuse of our Site (including reasonable attorneys’ fees).

  11. Force Majeure

    We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control but if our Site is unavailable for more than 14 days, you are entitled to cancel this agreement and obtain a refund of any subscription payment made for the period that the Site was unavailable.

  12. General

    Headings used in this agreement are for information and not binding. This agreement constitutes the entire agreement between you and us in connection with our Site and services. We may assign all or part of our rights or duties under this agreement provided we ensure that your rights under this agreement are not prejudiced. You may not assign all or part of this agreement without our prior written consent. Any failure by either party to exercise or enforce any right or provision of this agreement does not constitute a waiver of it. If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. This agreement will be governed by, and construed in accordance with, the laws of New York State, without regard to conflict of law principles.