- LAST UPDATED: 07/23/2020
- 1. Purpose of Services
- 2. Acceptance of Terms of Service
- 3. Prohibited Use
- 4. Registration and Account
- 5. Additional User Agreements and Representations
- 6. Content; Intellectual Property Matters.
- 7. License to Use the Services
- 8. Prohibited Conduct
- 9. Feedback
- 10. Updates and Modifications to these Terms and the Services
- 11. Termination and Cancellation
- 12. Casa Blanca Represented Buyer Rebate Offer
- 13. Casa Blanca Direct Buyer Rebate Offer
- 14. Third-Party Websites
- 15. Application Terms
- 16. Disclaimer of Warranties; Limitations of Liability
- 17. ARBITRATION AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
- 18. Your Compliance With Applicable Laws
- 19. Miscellaneous
- 20. Interpretation
- 21. Important Note To New Jersey Consumers
- 22. Equal Housing Opportunity
- 23. Contact Us
- 24. New York Customers – Broker Restrictions in New York
- 25. Copyright Infringement – Notice and Take-Down Policy
LAST UPDATED: 07/23/2020
Welcome to Casa Blanca. These Terms of Service (the “Terms”) apply to the Casa Blanca website located at www.casa-blanca.com, the “Casa Blanca” mobile application and all other sites, mobile sites, services, applications, platforms and tools where these Terms appear or are linked to (collectively, the “Platform”). As used in these Terms, “Casa Blanca“, “us” or “we” refers to H.E.S.C. Company, LLC, a New York limited liability company d/b/a Casa Blanca Real Estate, and its subsidiaries and affiliates.
1. Purpose of Services
- The primary purpose of the Platform and the other Services is to assist customers and brokers in contacting Casa Blanca and its agents concerning the real estate sales, lease and rental listings set forth herein along with any other services offered by Casa Blanca. You represent that you are a prospective purchaser, seller, lessee, lessor, landlord or tenant of real property in the geographic areas where Casa Blanca is licensed operating with a bona fide interest in the purchase, sale, lease or rental of such real property.
2. Acceptance of Terms of Service
2.1. BINDING CONTRACT. BY REGISTERING FOR AND/OR USING THE SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING ANY PART OF THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY US OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES OR ANY PART THEREOF, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.
2.2. Applicability. These Terms apply to all users of the Services, including users who seek sales, lease or rental listings or users engaged in any other activities on or through the Services.
3. Prohibited Use
3.1. Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, USE THE SERVICES. We may, in our sole discretion, refuse to offer or make available the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all local, state, national or international laws, rules, and regulations applicable to you and your accessing and/or use of the Services or Content (defined below). The right to access or use the Services is automatically revoked where such access or use is prohibited or to the extent the offering of, sale or provision of the Pl Services or any part thereof conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party In any event, each person receiving any benefit of the Services must agree to and abide by these Terms as a condition to our obligations.
3.2. Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with any applicable international or local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
4. Registration and Account
4.1. Registration Required.You must complete the Services registration process to create an account with a user name and password (the “Account”) in order to make full use of the Services. You may not access or use the Services unless you have created an Account and have become a registered user of Casa Blanca.
4.2. Password and Identity.You may not share any user identification or passwords used in connection with your Account or the Services. Any use of the Services or Content through your Account will be deemed as being used by you. Casa Blanca is entitled to rely on the contact information and other information that is supplied to us through your Account. In the event such information is now or ever becomes incomplete or inaccurate, you agree to immediately update that information. Your Account is non-transferable and non-assignable. You are responsible for the security of your passwords and access codes and will be solely liable for any use or unauthorized use of the Services or Content under such passwords or access codes. You agree to notify us if there has been any unauthorized use of your Account information, user identification or passwords.
5. Additional User Agreements and Representations
5.2. Acknowledgment of Broker-Consumer Relationship.By agreeing to these Terms, you acknowledge you are entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive and you are not obligated to work with Casa Blanca.
5.3. Agreement for Real Estate Brokerage Services. All arrangements to receive real estate brokerage services are subject to terms, conditions, and arrangements negotiated between you and Casa Blanca. To the extent any terms of an agreement for real estate brokerage services entered into between you and Casa Blanca conflicts with any of these Terms, the terms in such agreement for real estate brokerage services will govern.
5.4. No Affiliation With Real Estate Agent. You agree that you have not signed any agreement with any real estate broker, salesperson, agent, or similar state licensed real estate professional (a “Real Estate Agent”) that would prevent you from using Casa Blanca as your agent. You do not have a contract or agreement with any third party that would interfere with our representation of you. You agree to notify us immediately in the event you enter into a listing agreement with a Real Estate Agent.
5.5. Outreach to Sellers Prohibited.You agree not to contact the owner, seller, lessor or landlord of any property from information gained through the Services. You will not attempt to enter the property or speak with an owner, seller, lessor or landlord without an appointment set by Casa Blanca.
5.6. We Represent Multiple Buyers.You acknowledge and agree that Casa Blanca may also represent other prospective buyers, sellers, lessors, lessees, landlords, and tenants seeking to buy, sell, lease or rent the same properties that may meet your criteria.
5.7. Authorization to Review Documents.You hereby authorize Casa Blanca to review and provide you with copies of various documents related to any potential real estate transaction, including home inspection reports, and closing papers.
5.8. Listing Services.You acknowledge that the individual listing services, including the residential listing service and the multiple listing service, which supply the listing data to or through the Services, own such data, and you acknowledge the validity of their respective copyrights to such data.
5.9. Multiple Listing Service (“MLS”).If you are a consumer user of the Services, by registering for and/or using the Services in any manner, you acknowledge and agree that (a) you have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through our Services; (b) you will only use the information from the Services for your personal, non- commercial use, except in connection with your consideration of the purchase, sale, lease or rental of an individual property; and (c) you will not copy, redistribute, or retransmit any of the data or information provided through the Services except in connection with your consideration of the purchase, sale, lease or rental of an individual property. You also acknowledge the MLS’s ownership of, and the validity of the MLS’s copyright in, the MLS database compilation, as well as the ownership and validity of the copyright of the individual broker in specific listing content.
5.10. OLR. Information for certain New York City listings is provided by On-Line Residential, Inc. (“OLR”), as indicated on individual listing pages. OLR information is deemed reliable but is not guaranteed and you use at your risk. No representation is made by OLR nor is any to be implied about any OLR information. Information is provided for a consumer’s personal, non- commercial use and may not be used for any purpose other than the identification of potential properties for purchase. © 2016 On-Line Residential, Inc.
6. Content; Intellectual Property Matters.
6.1. Any content available on or through the Services, including applications, software, text, audio, video, photos, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”), as well as all parts of the Services, including the Platform or any part thereof, , are protected by the intellectual property rights of Casa Blanca or its licensors. All right, title and interest in and to the Services and the Content will remain the exclusive property of Casa Blanca and its licensors.
6.2. You agree to abide by all applicable copyright laws, as well as copyright or other intellectual property notices or restrictions posted in, on or through the Service or Contents, and you acknowledge that you may not remove, alter, or change any copyright or other intellectual property notices without our prior written consent. Alteration or removal of any such notices or use of the Content in violation of any such restrictions without our express prior written permission is strictly prohibited.
6.3. You may use the Content as permitted by these Terms in connection with accessing and using the Services, but you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Casa Blanca or the third-party owner of the applicable rights in that Content (if any).
6.4. You may not use any Content, including but not limited to trademarks, trade names, service marks, copyrights or logos in any manner which creates the impression that such items belong to or are associated with you unless you have our written consent and you acknowledge that you have no ownership rights in or to any of such items.
6.5. You acknowledge and agree that we are not obligated to monitor, restrict or filter any Content made available on or through the Services. We do not regularly monitor the accuracy or reliability of Content. However, we reserve the right to modify or remove any Content at any time. Any Content posted or made available by third parties, including other users, are those of the respective author(s) and not of Casa Blanca. Casa Blanca neither endorses nor is responsible for the accuracy or reliability of any Content made available on or through the Services that is provided by a third party.
7. License to Use the Services
7.1. Unless specified otherwise, Casa Blanca offers you a limited license to access and use the Services, and to privately display the Content on your computer or mobile device and to download and print a single copy thereof, subject to the restrictions set forth herein, in all cases solely for your personal and non-commercial uses. You agree to access and/or use the Services and Content only for the legal purposes that are expressly permitted by the Terms.
7.2. Upon your registration of a valid Account and termination of that Account, you shall have the right to the access and use the Platform as provided or otherwise made available to you as part of the Services provided to you by Casa Blanca. These Terms do not grant you any right, title or interest in or to the Services, including the Platform, or any Content made available on or through the Services otherwise than the limited license included in these Terms. Unless Casa Blanca has given you specific written permission to do so, you may not sell, transfer, assign or grant a license of your rights to use, grant a security interest in or over your rights to use, or otherwise transfer any part of your rights to use, the Services or Content.
8. Prohibited Conduct
You must not do, or attempt to do, any of the following, as determined by Casa Blanca, subject to applicable law:
8.1. access or use the Services, the Content or any information contained in or made available on or through the Services and Content in any way that is not in compliance with all applicable local, state, national or international laws (including export laws), rules, regulations (including 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 listing agency) or orders of a court or that constitutes the commission of a tort, or for any purpose that is harmful or unintended (as reasonably determined by us), or other than in full compliance with these Terms;
8.2. infringe the rights of Casa Blanca or the rights of any other person or entity, including their intellectual property, privacy, publicity or contractual rights;
8.3. access, tamper with, or use particular functionality, areas or components of the Services that you are not authorized to access and/or use;
8.4. alter information contained in or made available or through the Services or Content;
8.5. tamper with postings, registration information, profiles, submissions, Content or any content belonging to Casa Blanca or any third parties;
8.6. use any robot, spider, scraper or other automated means or interface not provided by us to access the Services or extract data or gather or use information, such as email addresses, available from the Services or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
8.7. except if and how expressly permitted in writing by Casa Blanca, frame any part of the Services or link to the Services or otherwise do anything in such a way that makes it (as determined by Casa Blanca) look like you have a relationship to us or that Casa Blanca has endorsed you or Content you have provided for any purpose;
8.8. impersonate or misrepresent your affiliation with any person or entity;
8.9. reverse engineer any licensed software, application, or any other aspect of the Services or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area of, or software code that is part of, the Services or to any Content;
8.10. except as may be expressly permitted in these Terms, reproduce, copy, sell or otherwise exploit the Services, the Content or any part thereof, or access or use the Services or Content for any commercial purposes;
8.11. dilute, tarnish or otherwise harm the Casa Blanca brand in any way, including through unauthorized use of Content, registering and/or using “Casa Blanca” or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Casa Blanca domains, trademarks, taglines, promotional campaigns or Content;
8.12. copy, store or otherwise access or use any information contained in or made available on or through the Services and Content for purposes not expressly permitted by these Terms;
8.13. register for more than one Casa Blanca Account or register for a Casa Blanca Account on behalf of an individual other than yourself or a legal entity that you are authorized to represent;
8.14. send to or otherwise impact us, the Services or the Content (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Services or Content or any user or recipient thereof; or,
8.15. take any action which might impose a significant burden (as determined by Casa Blanca) on the Services’ infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Services.
Casa Blanca has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Casa Blanca may take a range of actions against you, including but not limited to terminating your Account and/your rights to access or use the Services, the Content or any portion thereof, for a violation of these Terms.
Your feedback, comments and suggestions for improvements to the Services, Content, and our business generally (“Feedback”) are welcome. You may submit Feedback by emailing email@example.com. You acknowledge and agree that all Feedback is and shall be Casa Blanca’s sole and exclusive property, and you shall and hereby do assign to Casa Blanca all right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else. You will execute documents and take such further acts as Casa Blanca may reasonably request to effectuate the foregoing ownership and rights.
10. Updates and Modifications to these Terms and the Services
10.2. You acknowledged and agree that we have the right to change or discontinue any part, including any technical specification or feature, of the Services or Content at any time at our sole discretion. You further acknowledge and agree that such changes may result in your being unable to access or use the Services, the Content or a portion thereof and that we shall have on liability whatsoever if that is the case.
11. Termination and Cancellation
You may terminate your Account by sending an e-mail to info@Casablanca.com instructing us to terminate your Account. Casa Blanca may terminate or suspend your Account and/or your access to the Services at any time, for any or no reason, at Casa Blanca’s sole discretion. If we terminate or suspend your Account or ability to access or use any of the Services, it is important to understand that you do not have a contractual or legal right to continue to use the Services. Casa Blanca may refuse service to anyone at any time and for any reason. For the avoidance of doubt, if you or we terminate this agreement formed by your acceptance of these Terms and/or your Account, these Terms shall remain in effect after your access to the Services is terminated and/or your use of the Services ends.
12. Casa Blanca Represented Buyer Rebate Offer
Casa Blanca offers a commission rebate to buyers on real estate purchases by buyers we represent (the “Represented Buyer Rebate”). The Represented Buyer Rebate is subject to the following terms and conditions:
12.1. To qualify, Casa Blanca has to be identified as the ‘buyer’s agent’ in the term sheet or other equivalent documentation circulated between the parties for your real estate purchase.
12.2. The Represented Buyer Rebate will be one-third (1/3rd) of our brokerage fee for your real estate purchase up to a maximum amount of one percent (1%) of the net purchase price (i.e. the gross purchase price minus all purchase price adjustments). However, no Represented Buyer Rebate will be paid if Casa Blanca does not earn a brokerage fee equal to at least one and half percent (1.5%) of the net purchase price.
12.3. We will issue you a check for the Represented Buyer Rebate within thirty (30) days of our receipt of the brokerage fee due from your real estate purchase. The check will be delivered by mail to an address you provide at the time of the closing of your real estate purchase.
12.4. The Represented Buyer Rebate is subject to seller approval in the case of new developments or other sale-of-real-property transactions that prohibit buyer’s agents from refunding any of the commission they receive;
12.5. The Represented Buyer Rebate is only available when you purchase real estate located in the State of New York; and,
12.6. You will have no right to the Represented Buyer Rebate if you are in breach of these Terms or any other agreement between yourself and Casa Blanca at the time of the applicable real estate.
Note: it is Casa Blanca’s understanding that as of “Last Updated” date above, there are no federal or New York state taxes payable by the recipient of a Represented Buyer Rebate. However, this is not a guarantee of that fact and we advise you to consult your financial, tax, and/or legal advisers with any questions you may have regarding the tax treatment of the Represented Buyer Rebate. Casa Blanca is not providing tax advice with respect to the appropriate treatment of any such amounts.
13. Casa Blanca Direct Buyer Rebate Offer
Casa Blanca also offers a commission rebate to certain buyers on real estate sold by sellers represented by Casa Blanca (the “Direct Buyer Rebate”). The Direct Buyer Rebate is subject to the following terms and conditions:
13.1. To qualify, Casa Blanca has to be identified as the agent of both the buyer and seller (i.e. a ‘dual agent’) in the term sheet or other equivalent documentation circulated between the parties for your real estate purchase.
13.2. The Direct Buyer Rebate will be one-third (1/3rd) of our brokerage fee for your real estate purchase up to a maximum amount of one percent (1%) of the net purchase price (i.e. the gross purchase price minus all purchase price adjustments). However, no Direct Buyer Rebate will be paid if Casa Blanca does not earn a brokerage fee equal to at least one and half percent (1.5%) of the net purchase price.
13.3. We will issue you a check for the Direct Buyer Rebate within thirty (30) days of our receipt of the brokerage fee due from your real estate purchase. The check will be delivered by mail to an address you provide at the time of the closing of your real estate purchase.
13.4. The Direct Buyer Rebate is subject to seller approval in the case of new developments or other sale-of-real-property transactions that prohibit buyer’s agents from refunding any of the commission they receive;
13.5. The Direct Buyer Rebate is only available when you purchase real estate located in the State of New York; and,
13.6. You will have no right to the Direct Buyer Rebate if you are in breach of these Terms or any other agreement between yourself and Casa Blanca at the time of the applicable real estate.
Note: it is Casa Blanca’s understanding that as of “Last Updated” date above, there are no federal or New York state taxes payable by the recipient of a Direct Buyer Rebate. However, this is not a guarantee of that fact and we advise you to consult your financial, tax, and/or legal advisers with any questions you may have regarding the tax treatment of the Direct Buyer Rebate. Casa Blanca is not providing tax advice with respect to the appropriate treatment of any such amounts.
14. Third-Party Websites
14.2. Neither Casa Blanca nor any other Casa Blanca Person (defined below) shall be deemed to endorse, recommend, approve, warrant, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such Third-Party Websites. Casa Blanca is not responsible for the content contained on any such Third-Party Websites, or for the failure of any product or service offered for sale or advertised on any such Third-Party Websites or for any damages that may result therefrom. None of the Casa Blanca Persons make any warranty, express or implied, with respect to the use of the links provided on or to the Services or guarantees the accuracy, completeness, usefulness or adequacy of any Third-Party Website or any services or goods available on or through any Third-Party Website, that may be linked to or from the Services.
15. Application Terms
15.1. If you access or use the Services on or through our “Casa Blanca” mobile application or any other Casa Blanca mobile application (in each case, an “Application”), then subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download and install a copy of such an Application on a single mobile device or computer that you own or control and run a copy of such Application solely for your own personal use. We reserve all rights in an Application not expressly granted to you by these Terms. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms and Conditions. The following terms apply to any App Store Sourced Application: both you and we acknowledge that these Terms are concluded between you and us only, and not with Apple, and that Apple is not responsible for any such Application, the Services or the Content; any such Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services and Content for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services and Content; you will only use any such Application in connection with an Apple device that you own or control; you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any such Application;
15.2. In the event of any failure of an Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of such Application; You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to an Application;
15.3. You acknowledge and agree that, in the event of any third-party claim that an Application, or your possession and use of such Application, infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
15.4. You represent and warrant (i) that you are not located in a country subject to a U.S. Government embargo; (ii) that you are not located in a country that has been designated by the U.S. Government as a “terrorist supporting” country; and (iii) that you are not listed on any U.S. Government list of prohibited or restricted parties; and,
15.5. Both you and we acknowledge and agree that in your use of an Application you will comply with any applicable third-party terms of agreement which may affect or be affected by such use.
16. Disclaimer of Warranties; Limitations of Liability
16.1. DISCLAIMER OF WARRANTIES. THE SERVICES, THE CONTENT, AND ALL INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES AND CONTENT ARE FOR INFORMATION PURPOSES ONLY AND ARE PROVIDED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limiting the generality of the foregoing, Casa Blanca, its subsidiaries and other affiliates, and it and their owners, directors, managers, managing members officers, employees, agents, successors, predecessors, assigns, heirs, service providers (including listing service providers), insurers, investors, attorneys, advisors, and suppliers (collectively, the “Casa Blanca Persons”) specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to: (a) any warranties concerning the availability, accuracy, usefulness, or uninterrupted access to the Services, Content or any information contained in or made available on or through the Services or Content, and (b) any warranties of title, non-infringement, merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the accessing of, use or operation of the Services, Content or any information contained in or made available on or through the Services or Content, whether for breach of contract, tort, negligence or any other cause of action.
16.2. Use At Your Own Risk. Any listing that you may access on or through the Services may be updated, changed, modified, withdrawn, sold or rented at any time without notice. Any furnishings, decorations and artist representations are provided for illustrative purposes only. All square footage and dimensions are approximate. Before you act on any information you have found in or obtained on or though the Content or the Services, you should independently confirm any facts that are important to your decision, including obtaining any exact dimensions by retaining the services of a professional architect or engineer. The information contained in or made available on or through the Services or Content is not intended to be comprehensive, and may not be accurate, up-to-date or applicable to any particular case. IF YOU ACCES, USE OR OTHERWISE RELY ON ANY OF THE SERVICES, THE CONTENT OR ANY INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENT, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK AND YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR AS A RESULT OF SUCH USE. NONE OF THE CASA BLANCA PERSONS SHALL HAVE ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THE SERVICES, THE CONTENT OR ANY INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENT.
16.3. Limitation of Liability. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, THE CONTENT OR ANY INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENT OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING ALL OF THE SERVICES, THE CONTENT, AND THE INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ANY OF THE CASA BLANCA PERSONS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR ANY INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENT, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCES TO AND/OR USE OF THE SERVICES OR CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY CASA BLANCA PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CASA BLANCA PERSONS FOR DAMAGES IN CONNECTION WITH THE SERVICES, THE CONTENT, AND THE INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENTWILL NOT BE GREATER THAN ONE HUNDRED DOLLARS ($100).
16.4. You agree to indemnify, defend and hold each of the Casa Blanca Persons harmless, including against all damages, costs, liabilities and legal fees, from or otherwise connected to any and all claims or demands made by any third party arising out of or relating to: (i) your access to or use of the Services, the Content or any information contained in or made available on or through the Services or Content; (ii) your violation of any third-party right, including any copyright, property or privacy right; (iii) any information, materials or content you submit, transmit or provide to or through the Services; or (iv) any breach by you or your affiliates, employees, agents and/or representatives of the Terms. Any Casa Blanca Person that you may indemnify, defend and/or hold harmless pursuant to this Section shall have the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without the prior written consent of the applicable Casa Blanca Person(s) (such consent not to be unreasonably withheld, delayed or conditioned). The Casa Blanca Persons will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that your representations and warranties, and your obligation to indemnify the Casa Blanca Persons, shall survive beyond any term for which these Terms are in effect.
16.5. Releases. You shall and hereby do release all Casa Blanca Persons from all liability for you having acquired or not acquired housing through the Services. You hereby release all Casa Blanca Persons from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Services, the Content, any information contained in or made available on or through the Services or Content or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law, which provides in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor,” and all similar code provisions in any jurisdiction.
17. ARBITRATION AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
17.1. ARBITRATION. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND ANY CASA BLANCA PERSONS (WHETHER OR NOT SUCH DISPUTE INVOLVES ANOTHER THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH CASA BLANCA, INCLUDING DISPUTES RELATED TO THESE TERMS, YOUR ACCESS OR USE OF THE SERVICES, THE CONTENT OR ANY INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENT, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION BY A SINGLE ARBITRATOR UNDER THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES FOR COMMERCIAL ARBITRATION, AND YOU AND EACH CASA BLANCA PERSON HEREBY EXPRESSLY WAIVES TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND A CASA BLANCA PERSON WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the AAA is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either the applicable Casa Blanca Person(s) or you can elect to have the arbitration administered instead by JAMS. Any such arbitration shall take place at the AAA venue (or JAMS venue, as the case may be) in New York, NY, located closest to the address for Casa Blanca set forth below.
17.2. Enforcing Arbitral Awards. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.
17.3. NO CLASS ACTION. NEITHER YOU NOR CASA BLANCA WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ANY CASA BLANCA PERSON INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person or their Account, if a Casa Blanca Person is a party to the proceeding.
17.4. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Section 17 will be null and void. This arbitration agreement will survive the termination of your agreement and/or relationship with Casa Blanca.
17.5. Injunctive Relief. You and Casa Blanca acknowledge and agree that a breach of your obligations under these Terms (including but not limited to Section 8) could cause irreparable harm to Casa Blanca for which Casa Blanca would have no adequate remedy at law. You further agree that, notwithstanding the agreement between you and Casa Blanca to arbitrate controversies or claims as set forth above, a Casa Blanca Person may apply to a federal or state court of competent jurisdiction located in New York, NY and/or in any other court chosen by such Casa Blanca Person that would have jurisdiction in the situation in the event that such Casa Blanca Person seeks to enjoin preliminarily or permanently any breach or threatened breach of your obligations under these Terms (including but not limited to Section 8) or in the event that Casa Blanca believes that there is a violation, or a threatened violation, of any of Casa Blanca’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
17.6. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, in the United States of America. You acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of New York County, New York, for the purposes of these Terms. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CASA BLANCA PERSON OR TO THE SERVICES, THE CONTENT OR ANY INFORMATION CONTAINED IN OR MADE AVAILABLE ON OR THROUGH THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. Your Compliance With Applicable Laws
You are solely responsible for ensuring your compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, and federal laws and regulations in connection with your access and/or use of the Services, the Content or any information contained in or made available on or through the Services or Content. In addition, you expressly acknowledge that the United States controls the export of products and information and agree to comply with such restrictions and not to export or re-export any of the Services, the Content or any information contained in or made available on or through the Services or Content to countries or persons prohibited under the export control laws. By accessing, using or downloading the Services, the Content or any information contained in or made available in or through the Services or Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Services, Content or any information contained in or made available in or through the Services or Content
19.1. Unless otherwise specified herein (or in any other definitive written agreement between you and Casa Blanca), the Terms, including any terms incorporated herein by reference, constitutes the entire agreement between you and Casa Blanca with respect to the Services, the Content, and any information contained in or made available on or through the Services or Content, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Casa Blanca with respect to the Services, the Content or any information contained in or made available on or through the Services or Content.
19.2. Both you and we acknowledge and agree that Apple, Apple’s subsidiaries, and the Casa Blanca Persons (other than Casa Blanca) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, each of these third-party beneficiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Other than set forth in the preceding sentence, there shall be no third-party beneficiaries to these Terms.
19.3. You may not assign or transfer these Terms or any agreement formed by your acceptance of these Terms, by operation of law or otherwise, without Casa Blanca’s prior written consent. Any attempt by you to do so without such consent will be null, void, and of no effect.
19.4. Casa Blanca may assign or transfer the agreement formed between you and Casa Blanca by your acceptance of these Terms at its sole discretion and without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
19.5. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations contained herein, 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 Terms shall continue in effect.
19.6. Casa Blanca’s failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against Casa Blanca unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
19.7. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation.
19.9. You consent to receive all notices and other communications from Casa Blanca in the form of electronic communications. You agree that all communications (including, but not limited to, all notices, agreements and disclosures) provided to you electronically by Casa Blanca satisfy any legal requirement that such communication be in writing.
19.10. In the event that Casa Blanca and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that the Services, all data collected on or through the Services, and all rights of Casa Blanca and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction
When a reference is made in these Terms to a section, such reference shall be to a section of these Terms unless otherwise indicated. Whenever the words “include,” “includes,” or “including” are used in these Terms, they shall be deemed to be followed by the words “without limitation.” The words “hereof,” “herein” and “hereunder” and words of similar import when used in these Terms shall refer to these Terms as a whole and not to any particular provision of these Terms. The definitions contained in these Terms are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such term. Any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein.
21. Important Note To New Jersey Consumers
If you are a consumer residing in New Jersey, the provisions indicated in this Section do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, punitive, special, exemplary, or consequential damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act); (b) the limitation on liability for lost profits or loss or misuse of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify us (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).
22. Equal Housing Opportunity
. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
23. Contact Us
If you have any questions concerning Casa Blanca, any of the Services or any of the terms or conditions set forth in these Terms or incorporated herein by reference, please contact us at info@Casablanca.com or by mail at H.E.S.C. Company, LLC, 628 Broadway, 4th Floor, New York, NY 10012.
24. New York Customers – Broker Restrictions in New York
Any Real Estate Agent who uses any Content for its customer must first enter into a co-brokerage agreement with Casa Blanca Real Estate LLC. We authorize the Real Estate Board of New York (“REBNY”) and/or REBNY Listing Service (“RLS”) brokers (and each of their duly authorized representatives) to access the Services for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between Casa Blanca Real Estate LLC and REBNY, or any other applicable RLS rules or policies or any other multiple listing system or real estate board to which Casa Blanca subscribes. We reserve the right to deny or terminate access to any Real Estate Agent except to the extent such Real Estate Agent is accessing the Services for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.
25. Copyright Infringement – Notice and Take-Down Policy
Casa Blanca takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through any part of the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works available on or through the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity available on or through the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.