Brown Harris Stevens Terms and Conditions
Terms and Conditions of Use
Welcome to the Brown Harris Stevens web site. Brown Harris Stevens and its affiliated companies ( "Brown Harris Stevens", "Broker", or "we" ) provide the bhsusa.com web site (the "Web Site" ) and related services to you ( "User" ), subject to the following terms and conditions of use ( "Terms and Conditions" ). Please read the Terms and Conditions carefully before accessing or using the Web Site.
By accessing or using the Web Site, you agree to be bound by the Terms and Conditions. If you do not agree with the terms and conditions, you may not access or otherwise use the web site.
All content on this Web Site, including sales and rental listings, text, graphics, photographs, logos, images, audio clips, video clips, digital downloads, and data compilations (the "Content") is the property of Broker or its third party content suppliers and licensors and is protected by United States and international copyright laws. All software used on this site is the property of Broker or its software suppliers and is protected by United States and international copyright laws.
The name BROWN HARRIS STEVENS and its related logos, are registered trademarks of Terra Holdings, LLC. They may not be used in conjunction with any product or service which is not offered by Broker, is likely to cause confusion among customers, or in any manner that disparages or discredits Broker. Any other trademarks not owned by Broker that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Broker.
Scope of Use
This Web Site and its Content, including the rental and sales listings on it (the "Listings"), is solely intended to assist individual customers and real estate brokers in contacting Broker and its agents concerning Listings and other services of Broker. Broker will allow access to the website by REBNY, RLS Participants and others as required by any agreement or regulation governing VOW operations You may not contact a Listings' owner directly. You may not sell, copy, distribute, license, transfer, publish, display, link to another website, transmit, download, store, post, enter into a database or in any way exploit the Content, including the Listings, in whole or in part. No person, including without limitation any real estate broker or real estate professional, may market or make commercial use of Broker's Listings or Content in any way, including without limitation, advertising Broker's Listings, copying Broker's Listings for its own commercial use or use on other websites or in marketing materials, or contacting directly Broker's customers or Listings' owners. Any real estate broker who uses an individual Listing for its customer must first enter into Co-Brokerage Agreement or Referral Agreement with Broker. No one may use any Content or Listing 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 full extent of the law.
All information on the Web Site is provide to Users on an "as is", "as available", and "believed accurate" basis without warranty of any kind either express or implied, including but not limited to the implied warranties merchantability, fitness for a particular purpose, non-infringement or availability. All information is subject to errors, or change or withdrawal without notice.
Broker does not warrant or make representations regarding the results that may be obtained by using the Web Site or as to the reliability, accuracy or currency of any information, content or service acquired by use of the Web Site. Listings may be withdrawn from the market at any time and are subject to errors, omissions, and prior sale or rental without notice.
Broker does not warrant that the Web Site, its servers, or e-mail transmitted by Broker is free of viruses or other harmful components. Content may be updated, changed, modified, or withdrawn at any time. Use of the Web Site and the Content is at your sole risk. Neither Broker, the Content providers, or any person involved in the creation, production, distribution of this Web Site warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components.
Limitation of Liability
Broker, its directors, officers, employees, agents, vendors, and suppliers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Web Site or the Listings, even if Broker has been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless Broker, its officers, directors, employees, affiliates, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms and Conditions.
Third Party Rights
These Terms and Conditions are for the sole benefit of Broker, its officers, directors, employees, affiliates, and agents. No other person, including any user of the Web Site, shall have the right to assert a claim under these Terms and Conditions.
Broker reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using this Web Site after Broker has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms and Conditions. In addition, Broker reserves the right to make improvements and/or changes in the Content of the Web Site at any time.
Violations of Terms and Conditions of Use
Broker reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in the Web Site, including the right to block access from a particular Internet address to the Web Site. You agree that in the event the damages of a violation of these Terms and Conditions are difficult to determine, Broker shall be entitled to $20,000 as liquidated damages for each violation of these Terms and Conditions, in addition to the right to block your access to the Web Site and to seek injunction relief.
Linked Internet Sites
As a customer service, Broker may offers links to other sites. Broker does not assume any responsibility for those sites or their privacy policies and provides those links solely for convenience of Broker's visitors. If you link to any other sites, you must do so at your own risk and may rely only on their terms and conditions and privacy policies. The inclusion of any link does not imply a recommendation or endorsement by Broker of the linked site.
Arbitration and General Provisions
Any claims relating to the Web Site must be brought in the state or federal courts of the State and County of New York and shall be governed by the laws of the State of New York.
Brown Harris Stevens and its affiliated companies (referred to herein as "Brown Harris Stevens," "we" or "us" ) is committed to protecting the privacy of the users of its web site.
This statement discloses our privacy practices. The purpose of this statement is to inform you:
What kinds of information we collect from users of the Brown Harris Stevens web site at bhsusa.com (the "Web Site" ) and how such information is collected;
How the information is used by us;
Whether we disclose any user information to third parties;
How you can access, update or delete any information that we collect about you; and
The security procedures which we use to protect your personal information.
How We Collect Information
Generally, you can visit the Web Site without revealing any personal information. Like many websites, our web servers collect the Internet Protocol addresses, but not the e-mail addresses, of visitors. This information can measure the number of visits, average time spent on the site, pages viewed, and other such statistics.
In addition, in order for us to provide certain services to you, you may be asked for information that identifies you, including your name, e-mail address, mailing address, zip code, telephone number, fax (collectively, "Personal Information" ). You may also elect to provide such information to us by sending or responding to e-mails regarding certain listings or services offered on our Web Site. Additionally, you may ask us to store information concerning the type, price, location and features of properties that you are interested in.
How We Use and Disclose Your Information
We collect, generate, retain and use your Personal Information for our own internal purposes in connection with the facilitation, recording and processing of any requests, communications, or interactions you may have with our Web Site. We also automatically collect and store statistics and other information about you and your online activities on an aggregated, non-personally identifiable basis and in a manner that may allow us or our affiliated or related entities to improve our services to you.
In addition, your Personal Information may be also be used by us to provide you with information regarding our products and services. For example, we may use your e-mail address to send you special announcements and notifications of new real estate listings, services or promotions that may be of interest to you.
Cookies are small pieces of information that are stores by your browser on your computer's hard drive. Cookies allow web sites to recognize you when you return and can keep track of information specific to you.
Information Sharing and Disclosure
Information about our customers is important to our business, and we are not in the business of selling it to others. We share customer information only with our related or affiliated entities and or in the circumstances described below:
Agents - We may share your information with our experienced team of Brown Harris Stevens agents, who may use this information to contact you about our sales, leasing, financing and other services.
Business Transfers - Over time, it is possible that a portion or all of our business may be sold. Customer information is generally one of the transferred assets. In the unlikely event that substantially all of our asserts are acquired, your customer information may be transferred, subject to all applicable laws and governmental regulations regarding the transfer and sale of such personal data.
Affiliated Businesses - We work closely with our affiliated businesses, such as Vanderbilt Appraisal Company, a real estate appraisal company, Brown Harris Stevens Residential Management, a real estate management company. To the extent that you have provided information indicating that services of our affiliated businesses might be useful to you, we may share such information with such businesses.
Protection of Brown Harris Stevens and Others - We release personal information when we believe such release is necessary to comply with law; enforce our Terms and Conditions of Use; or protect the rights, property, or safety of Brown Harris Stevens, its and their officers, directors, employees, agents, and others.
With Your Consent - Other than as set out above, you will receive notice when your Personal Information may be shared with third parties, and you will have the opportunity to elect not to share such information.
Data security is critical to us and thus all Personal Information is held in a secured database. While it is impossible to guarantee the complete security of any computer system and the data contained therein, our vendors are required to maintain and implement robust security policies and procedures that combine with available technologies in accordance with prevailing industry standards, all of which are designed to protect the confidentiality, integrity, and availability of your Personal Information. To the extent we are provided with social security numbers or personal financial information, we comply with all applicable regulations regarding the confidentiality and safe disposal of such information.
ACCESSING, UPDATING OR DELETING INFORMATION COLLECTED ABOUT YOU BY BROWN HARRIS STEVENS
If you wish to access, update, or delete contact information or preferences, please send an e-mail to firstname.lastname@example.org. Please be aware , however, that we cannot always ensure that such corrections or deletions will immediately be made in our database.
BROWN HARRIS STEVENS FAIR HOUSING POLICY
The Terra Holdings group of affiliated companies, which includes the Brown Harris Stevens, Vanderbilt, Halstead, Heron and Feathered Nest companies (collectively, the "Company"), are dedicated real estate professionals and committed to equal opportunity and non-discrimination in all aspects of the housing related services they provide. The Company expressly prohibits any form of discrimination based on a person's actual or perceived gender (including gender identity), race, color, religion, national origin, age, disability, lawful occupation, presence of children, sexual orientation, marital status, partnership status, citizenship status, lawful source of income or any other factor illegal under federal, state or city law (any of which is an "Unlawful Category"). Any discrimination based on an Unlawful Category by agents or employees in the performance of their expected job duties will not be tolerated and will subject the agent or employee to appropriate disciplinary or other measures.
This policy covers all Company employees and agents without exception. The Company will not tolerate, condone or allow discrimination, whether engaged in by clients, employees, agents. independent contractors or other non-employees who conduct business with the Company. While the Company's ability to control clients and third parties is limited, this does not diminish the obligation of the Company's agents and employees to comply with the law and this Policy.
EDUCATION AND PROCEDURES
The Company engages in periodic training of employees and agents on the anti-discrimination laws and has had prepared the attached summary of the pertinent anti-discrimination laws covering the Company's activities as manager, sales, and leasing agent of housing. It requires all managers and sales and leasing agents to review the laws. Any questions or issues concerning discrimination should be addressed to the Company's in house counsel; reports and complaints will be kept confidential to the fullest extent possible without impairing the Company's obligations to comply with the law. Where necessary, the Company may employ an outside lawyer or consultant to investigate a question and provide guidance in handling the matter.
The Company will not in any way retaliate against an individual who makes a report of discrimination or provides information concerning such actions nor will it permit any employee or agent to do so. Retaliation is a serious violation of this policy and should be reported immediately. Any person found to have retaliated against another individual for reporting unlawful discrimination will be subject to the same disciplinary action provided for offenders.