TERMS & CONDITIONS

Welcome to Citi-Urban.com, the web site of Citi-Urban Management Corp., an affiliate of Jonis Realty Leasing, LLC (“Jonis”). Subject to the following Terms and Conditions of use (“Terms”), Citi-Urban Management Corp. (“we”, “us”, “our”, or “Citi-Urban”) is pleased to provide you (“User”, “your”, or “you”) with access to our web site (“Web Site”) and related services. Please carefully read the Terms before continuing to use the Web Site since your continued access to use of the Web Site will constitute your agreement to be bound by the Terms. If you do not agree with the Terms, do not use the Web Site.

Citi-Urban reserves the right in its sole discretion to modify, alter, or otherwise update the Terms (collectively, “modifications”) at any time. Modifications shall become effective immediately upon posting and you agree to be bound by the Terms as modified. By accessing or using the Web Site after Citi-Urban posts modifications (such modifications, together with the Terms, hereinafter, the “Modified Terms”), you agree to be bound by the Modified Terms. In making use of the definition “Terms”, the definition hereinafter shall be deemed to encompass Modified Terms at such time as we post modifications. Citi-Urban reserves the right at any time to make improvements and/or changes to the Web Site and its Content (defined herein).

Citi-Urban has a Privacy Policy governing the way in which we protect and may use personal information that you elect to provide to us. You may view our full Privacy Policy here. We hereby incorporate the provisions of our Privacy Policy by reference into these Terms.

Citi-Urban adheres to a Fair Housing Policy. You may view the Fair Housing Policy here.

All content on this Web Site including, without limitation, real estate rental listings, text, graphics, photographs, logos, images, audio clips, video clips, digital downloads, and data compilations (collectively, “Content”) is the property of Citi-Urban, or of suppliers and licensors who supply third-party content to Citi-Urban. Web Site Content may be protected by United States and international copyright laws. Software used on this Web Site is the property of Citi-Urban or its software suppliers and also may be protected by United States and international copyright laws.

The names Citi-Urban Management Corp., Citi-Urban Management, Jonis Realty Leasing, LLC, Jonis Realty Management, Jonis Realty, and related logos, are our trademarks. Such names and marks may not be used in conjunction with any product or service that (i) is not offered by Citi-Urban or Jonis, (ii) is likely to cause confusion among customers, or (ii) in any manner disparages or discredits Citi-Urban or Jonis. Should trademarks not owned by Citi-Urban or Jonis appear on this Web Site, such trademarks are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by, Citi-Urban or Jonis.

This Web Site and its Content, including rental listings appearing on the Web Site (“Listings”), are made available to assist prospective customers and real estate brokers who wish to contact Citi-Urban and its agents concerning Listings and other Citi-Urban services.

Should you participate in services provided through this Web Site, Citi-Urban may ask you to register and provide information about yourself (“Information”). If you do so, you agree (i) to provide true, accurate, and complete Information, and (ii) not to impersonate any person or entity, or falsely represent that you have an affiliation with any other person or entity. You also agree to register on the Web Site only if you are eighteen (18) years of age or older.

You may in certain circumstances receive a username and password. Should someone other than you use your username and password to access this Web Site, any such use shall be deemed to be your use. You agree that Citi-Urban may rely on any Web Site use made under your username and password, and rely on Information so supplied. Your registration is non-transferable and non-assignable.

You agree not to sell, copy, distribute, license, transfer, publish, display, link to another web site, transmit, download, store, post, enter into a database, or in any way exploit the Content, including the Listings. You further agree not to modify, transmit, perform, reproduce, create derivative works from, frame in another web page, use on another web site, or otherwise make use of, any pages, information, software, lists of users, databases or other lists, content, material, products, or services provided through or obtained from this Web Site, or any portion thereof.

You agree not to engage in practices known as “screen scraping” or “database scraping”, or other activity for the purpose of obtaining lists of properties, users, or other information. You also agree not to use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or content contained herein or therein. You agree not to use any device, software, or routine to interfere or attempt to interfere in the proper working of the Web Site or in any property information, offer, or transaction referred to or conducted on or through the Web Site.

You agree not to use the Web Site in a manner that could damage, disable, overburden, or impair the Web Site or interfere with use and enjoyment of the Web Site by any person. You agree not to attempt to obtain materials or information by any means not intentionally made available or provided for your use through the Web Site. You agree not to attempt to access password protected, secure, or non-public areas of the Web Site, or to disclose your password to others for any purpose.

No person, including, without limitation, any real estate broker or real estate professional, may market or make commercial use of Listings or other Web Site Content in any way without the written consent of Citi-Urban and/or Jonis. Such restrictions, without limitation, bar advertising of Listings or copying of Listings for commercial use or use on other web sites or in marketing materials. No person unrelated to Citi-Urban, Jonis or its or their affiliates may contact Citi-Urban or Jonis customers regarding properties identified in the Listings.

If you are a real estate broker wishing to make use of an individual Listing, or if you otherwise serve as a broker for a Web Site user, to be eligible to receive a fee, notwithstanding any contrary provision appear elsewhere, such broker first must enter into a written co-brokerage agreement or referral agreement with Jonis and/or its affiliates. Absent a writing signed by an authorized signatory of Jonis, Citi-Urban’s leasing affiliates, or of an affiliate of Jonis, no brokerage agreement shall come into existence with you or any other party as a broker, and neither you nor any such third party shall be entitled to receive a fee based on a transaction that relates to a Listing. Should User share a Listing with a real estate broker who fails to enter into a written agreement with Jonis and/or its affiliates, and should such broker nonetheless claim a brokerage or co-brokerage fee, User shall be responsible for any claim that User’s broker may make.

No one may use any Listings or other Content in violation of the rules of the 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 federal, state, or local law or regulation. Provisions of law expressly prohibit such action. Engaging in prohibited activity may result in civil and/or criminal penalties and Citi-Urban and Jonis each reserves its respective rights in such regard.

Citi-Urban provides all information on this Web Site 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, any implied warranties of merchantability, fitness for a particular purpose or use, non-infringement, or availability. All information is subject to errors, change, or withdrawal without notice.

Citi-Urban does not warrant or make representations regarding results that may be obtained in using the Web Site, or regarding the reliability, accuracy, or currency of information, content, or service acquired in using 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. Citi-Urban does not warrant that the Web Site, its servers, or any e-mails Citi-Urban or Jonis may transmit are or will be free of viruses or other harmful components.

Content may be updated, changed, modified, or withdrawn at any time. You agree that your use of the Web Site and its Content is made at your sole risk. Neither Citi-Urban nor other providers of Content, if any, nor any person involved in the creation, production, or distribution of this Web Site, warrant that functions contained in this Web Site are or will be uninterrupted or error-free, or that defects will be corrected.

Neither Citi-Urban, Jonis, nor any of its or their respective owners, directors, officers, employees, agents, vendors, suppliers, and affiliates, shall 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 Listings, even if Citi-Urban or Jonis has been advised of the possibility of such damages. As a condition of using the Web Site, you agree to a one-dollar limitation of liability for any damage claim you may make and a three-month time limit within which any action based on such a claim may be brought.

You agree to indemnify, defend and hold Citi-Urban, Jonis, and its and their respective owners, officers, directors, employees, affiliates, and agents, harmless from and against any and all loss, cost, damage, judgment, claim, and expense, including reasonable attorneys’ fees, that may result from your violation of these Terms. Such indemnity, without limitation, includes reasonable attorneys’ fees that Citi-Urban, Jonis, and each person or entity protected under this indemnification may incur in connection with any claim you may make.

You agree that these Terms solely are for the benefit of Citi-Urban, Jonis, and its and their respective owners, officers, directors, employees, affiliates, and agents. No person or entity including, without limitation, any Web Site user, has a right to assert a claim under these Terms.

Citi-Urban reserves the right to seek all remedies available at law and in equity based on User violations of the Terms of this Web Site including, without limitation, the right to block Web Site access from a particular Internet address. You acknowledge that damages resulting from a violation of the Terms may be difficult to determine. Accordingly, you agree that, in addition to the right of Citi-Urban to block User access to the Web Site and to seek injunctive relief, together with the right to recover Citi-Urban’s reasonable attorneys’ fees.

Citi-Urban, as a customer service, may offer links to other web sites. Should Citi-Urban do so, it does not assume responsibility for any such sites or their privacy policies. To the extent we elect to provide such links, we do so solely for the convenience of the Web Site visitors. Should you choose to link to other sites, you agree to do so at your own risk, and to rely solely on the terms, conditions, and privacy policies of such other sites. Inclusion of any link does not imply that Citi-Urban, Jonis, or any affiliate recommends or endorses a linked site.

Citi-Urban operates this Web Site from its offices in Great Neck, New York. Although we encourage the use of our Site outside of New York and internationally, we make no representation that the Content is appropriate or available for use in other locations. Users who access the Web Site from locations outside of New York are responsible for complying with the laws of such jurisdiction, if any, as may be applicable. You may not use or export Web Site materials in violation of U.S. export laws and regulations.

The provisions and conditions of these Terms, and each obligation referenced herein, constitute the entire agreement between you and one or more of Citi-Urban, its affiliates, and related entities. Such provisions and conditions supersede and cancel any prior written agreement or understanding not expressly incorporated herein, and any prior or concurrent oral understanding or agreement regarding the subject matter of these Terms. Should an inconsistency arise between these Terms and any Modified Terms, you agree the Modified Terms shall prevail. You further agree that the Terms are governed by and shall be construed and enforced in accordance with the internal laws of the State of New York as applied to agreements entered into and to be performed entirely within New York without regard to provisions of any doctrine of conflicts of law. By accessing this Web Site, you agree that any claim you may have regarding the Web Site or its use exclusively shall be brought in a state or federal court of competent jurisdiction located in the State and County of New York, shall be governed by the internal laws of the State of New York without regard to any provision of the doctrine of conflicts of law, and you and we both waive trial by jury. Should a court hold a provision of the Terms unlawful, void, or otherwise unenforceable in part, such provision shall be enforced to the extent permitted by law. If found unenforceable in whole, such provision shall be deemed severed without affecting the validity or enforceability of the remaining provisions.