“FIRSTFLAGREALTY” shall mean First Flag Realty, Inc., its employees, officers, directors, and all other persons or entities affiliated with FIRSTFLAGREALTY. “Content” shall mean all materials, information and images contained on the Website, including but not limited to, trademarks, copyrightable material, advertisements, data, text, graphics, files, photos, software and video. “Website” shall mean the Internet Website located at the URL address http://www.FirstFlagRealty.com. “User” shall mean any person or entity who accesses or uses the Website in any manner.
The FirstFlagRealty.com website is owned by the First Flag Realty, Inc., a New York corporation (hereinafter “FIRSTFLAGREALTY”). This Website contains information obtained by FIRSTFLAGREALTY from the owners of the properties displayed on the Website, public records (sometimes obtained through private, third party vendors), and observation. In addition, this Website contains information provided to FirstFlagRealty.com from other sources including other public websites, quasi-public websites, private not-for-profit websites and business-for-profit websites.
FIRSTFLAGREALTY does not guarantee the accuracy of the information and/or content displayed on FirstFlagRealty.com.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEBSITES OR WEB PAGES WITHIN THE FirstFlagRealty.com WEBSITE.
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
3. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE FirstFlagRealty.com WEBSITE
B. If and when requested by FIRSTFLAGREALTY you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of FIRSTFLAGREALTY, you agree that you will not access or attempt to access password protected, secure or non-public areas of the FirstFlagRealty.com website.
4. INFORMATION PROVIDED TO YOU THROUGH THE FirstFlagRealty.com WEBSITE FROM FIRSTFLAGREALTY.
A. The FirstFlagRealty.com website contains information, including, but not limited to FirstFlagRealty.com Content. FirstFlagRealty.com presents and makes available such content and information through the FirstFlagRealty.com website as a public service, for the sole purpose of aiding you, the individual consumer. FirstFlagRealty.com, however, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
B. The FirstFlagRealty.com website may also contain links to websites maintained by other organizations. FIRSTFLAGREALTY has not made an independent investigation to ascertain whether or not the information contained in those websites is accurate.
C. FIRSTFLAGREALTY does not make any representations or warranties regarding the accuracy of the Content, nor does FIRSTFLAGREALTY make any commitment to update the Content. FIRSTFLAGREALTY reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Website at any time without notice.
5. INFORMATION PROVIDED TO YOU FROM FirstFlagRealty.com LINKS TO OTHER WEBSITES.
A. For your convenience, the FirstFlagRealty.com website contains content and information from links to affiliate websites (“Affiliate Content”). Such content is not under the control of FIRSTFLAGREALTY and it is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. FirstFlagRealty.com is providing such content to you only as a convenience and the inclusion of such content does not imply endorsement by FIRSTFLAGREALTY or FirstFlagRealty.com of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or websites.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO FIRSTFLAGREALTY.COM CONTENT AND AFFILIATE CONTENT, PROVIDED BY FIRSTFLAGREALTY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRSTFLAGREALTY AND FIRSTFLAGREALTY.COM MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. FIRSTFLAGREALTY AND FIRSTFLAGREALTY.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FIRSTFLAGREALTY.COM WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7. INFORMATION PROVIDED TO FirstFlagRealty.com
8. SERVICES PROVIDED THROUGH THE FirstFlagRealty.com WEBSITE
FirstFlagRealty.com provides through the FirstFlagRealty.com website a number of venues in which interactive services (“Interactive Services”), such as online calculators, planning tools, and checklists, are offered to you. Such services are offered by FirstFlagRealty.com for the sole purpose of disseminating information for the public’s benefit. FirstFlagRealty.com cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH FIRSTFLAGREALTY.COM INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. FIRSTFLAGREALTY AND FIRSTFLAGREALTY.COM SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
9. THIRD-PARTY SERVICES.
A number of commercial services, such as shopping and contractor services, may be offered by third parties through the FirstFlagRealty.com websites. You acknowledge that by permitting such services to be offered through the FirstFlagRealty.com websites, FirstFlagRealty.com is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to FirstFlagRealty.com. In order for FIRSTFLAGREALTY and FirstFlagRealty.com to distribute your information and facilitate contacts between you and such third parties, you hereby grant FIRSTFLAGREALTY and FirstFlagRealty.com permission to disclose any and all of the information that you provide to FirstFlagRealty.com and/or FIRSTFLAGREALTY to any such third party that FIRSTFLAGREALTY and FirstFlagRealty.com, in its sole discretion, deems relevant and appropriate.
Advertisement banners and other forms of advertising, including but not limited to the home services directory, may exist on the FirstFlagRealty.com Website. However, FIRSTFLAGREALTY is not responsible for the claims or representations made by any advertiser on the FirstFlagRealty.com Website nor is FIRSTFLAGREALTY responsible for the products and services of advertisers on the FirstFlagRealty.com Website. Furthermore, mere presence of an advertiser on the FirstFlagRealty.com Website does not constitute an endorsement, approval, or sponsorship of any advertiser by FIRSTFLAGREALTY or FirstFlagRealty.com in any respect unless expressly indicated otherwise.
11. MODIFICATION OF AGREEMENT.
User agrees to defend, indemnify and hold harmless FIRSTFLAGREALTY and FirstFlagRealty.com from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney’s fees, resulting from the User’s violation of any term of this Agreement or alleged illegal use of this Website.
13. GENERAL TERMS.
This Agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York, County of Nassau and/or Eastern District of New York in all disputes arising out of or relating to the use of the FirstFlagRealty.com websites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FIRSTFLAGREALTY/FirstFlagRealty.com as a result of this Agreement, or the use of the FirstFlagRealty.com website. FirstFlagRealty.com’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of FirstFlagRealty.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FirstFlagRealty.com website or information provided to or gathered by FirstFlagRealty.com with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and FIRSTFLAGREALTY/FirstFlagRealty.com with respect to the FirstFlagRealty.com website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
IN NO EVENT SHALL FIRSTFLAGREALTY OR FIRSTFLAGREALTY.COM AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FIRSTFLAGREALTY.COM WEBSITES, WITH THE DELAY OR INABILITY TO USE THE FIRSTFLAGREALTY.COM WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FIRSTFLAGREALTY.COM WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE FIRSTFLAGREALTY.COM WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FIRSTFLAGREALTY AND/OR FIRSTFLAGREALTY.COM OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify, defend and hold harmless FIRSTFLAGREALTY, FirstFlagRealty.com, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to any violation of this Agreement by you.
All materials on the FirstFlagRealty.com websites (as well as the organization and layout of the FirstFlagRealty.com websites) are owned and copyrighted or licensed by FIRSTFLAGREALTY and/or FirstFlagRealty.com, its affiliates or its suppliers and licensors. No reproduction, distribution, or transmission of the copyrighted materials at the FirstFlagRealty.com websites is permitted without the written permission of FIRSTFLAGREALTY. Any rights not expressly granted herein are reserved.
14. USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT.
IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.
Revision Date: 10/03/2016