Terms of Use

These Terms of Service (the “Agreement") is a legal agreement between you (referred to herein as "you" or "your") and Elegran Real Estate LLC, (“Elegran”, “we", "our", or "us") for access to, and use of, our website. Our website provides access to, and use of, software, data, features and content broadly applicable to real estate, including but not limited to information about properties for sale and/or rent, market trends and related data, pricing information, informational collateral and graphics (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user of such Services, and such usage constitutes your acceptance of this Agreement. If, at any point, the terms of this Agreement or any changes to the Services or this Agreement are unacceptable to you, do not use the Services. Your use of the Services subsequent to any changes indicates your acceptance and agreement by you of such changes.

By accessing or using the Services, you further represent and warrant that you are at least 18 years of age and that your use of the Services is in compliance with all applicable laws and regulations. To utilize certain elements of the Services, or to make inquiries to us, you may be asked to provide contact details such as a valid email address and/or cell phone. By submitting such contact details, you expressly consent to receiving certain voice and written communications from us. Use of your contact details will be strictly limited to communications with you about your interest in our products and services and will not be sold or transferred to a third party. You may opt out of such communications at any time. Further details can be found in our Privacy Policy.

Representations and Warranties:

We make no representations that the Services are appropriate or available for use by every user and/or every circumstance, or for any users outside the United States. All information provided as part of the Services is based on sources we believe to be reliable and accurate, but accuracy, reliability and/or completeness cannot be guaranteed. Any information included in the Services is subject to change at our sole discretion without notice, and any or all information, data and content included in the Services may be updated, changed, modified, suspended or withdrawn at any time.

Use of the Services is at your sole risk. Neither us, our affiliates, employees, contractors or associates, nor any third-party content providers, or any person involved in the creation, production, distribution of the Services, warrant that the functions contained in this Site will be uninterrupted or error-free, that defects will be corrected, or that the servers that make the Services available will be free of viruses or other harmful components.

Indemnification:

You shall defend, indemnify, and hold harmless us, our affiliates, and our respective directors, officers, employees, associates, agents, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, any violation of these Terms of Service, or infringement by you, or any third party using your account or identity in the Services, of any intellectual property or other right of any person or entity.

Limitation of Liability:

THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. TO THE FULLEST EXENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, QUALITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY.

Privacy Policy:

Elegran will collect, use, and store personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, this Agreement. By providing any information in connection with your use of the Services, you hereby consent to the transfer of such information to, and storage of such information in, the United States, where it is subject to our Privacy Policy and the laws of the United States.

Governing Law and Jurisdiction; Arbitration:

This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of laws provisions. Any dispute with us, or our subsidiaries, affiliates, officers, directors, employees, or agents arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration in accordance with the rules of the American Arbitration Association in New York, NY. Each party hereto will bear their own costs of such arbitration.

Entire Agreement; Severability

These Terms of Service are the entire agreement between you and us with respect to the Services, and supersede all prior or contemporaneous oral, written or electronic communications between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary such that the Agreement otherwise remains in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force Majeure:

We shall not be liable for any failure to perform our obligations hereunder when such failure results from any cause beyond our reasonable control, including, without limitation, any natural disaster; act of terror; mechanical, electronic or communications failure or degradation; public health crisis; or measures, laws or orders of a governmental authority with jurisdiction over us that restricts, prevents or otherwise adversely affects our normal operations.

Assignment:

This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency:

No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect.

Notices.

Unless otherwise specified herein, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

No Waiver. Failure to enforce any part of this Agreement shall not constitute a waiver of any right to later enforce that or any other part.

(c) Copyright 2021 Elegran Real Estate LLC. All rights reserved. All information included in the Services, 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 Elegran Real Estate and/or the respective third-party software, content and data suppliers and licensors with whom we work, and is fully protected by United States and international copyright laws.

PDF: NY State Disclosure Form for Buyer and Seller

NEW YORK STATE DISCLOSURE FOR BUYERS AND SELLERS

THIS IS NOT A CONTRACT

New York state law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING THE REAL ESTATE BOARD OF NEW YORK

REBNY and/or RLS Brokers (and each of their duly authorized representatives) are authorized to access Elegran.com for purposes of verifying compliance with the provisions of this Agreement, the Co-Brokerage Agreement, or any other RLS rules or policies. Registrant acknowledges entering into a lawful consumer-broker relationship with Elegran; all information is intended only for the RegistrantÕs personal, non-commercial use; that the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through Elegran.com; that the Registrant will not copy, redistribute, or retransmit any of the information provided except in connection with the RegistrantÕs consideration of the purchase or sale of an individual property; and that the Registrant acknowledges Elegran's ownership of and the validity of the copyright in the database.

Registrant acknowledges entering into a lawful consumer-broker relationship with the Participant;

All information is intended only for the Registrant’s personal, non-commercial use;

That the Registrant has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the VOW;

That the Registrant will not copy, redistribute, or retransmit any of the information provided except in connection with the Registrant’s consideration of the purchase or sale of an individual property;

That the Registrant acknowledges the [RLS Broker’s] ownership of and the validity of the copyright in the database.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

SELLER'S AGENT

A seller's agent is an agent who is engaged by a seller to represent the seller's interests. The seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller. A seller's agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller's agent does not represent the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

BUYER'S AGENT

A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interests. The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer's agent does not represent the interests of the seller. The obligations of a buyer's agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer's ability and/or willingness to perform a contract to acquire seller's property that are not inconsistent with the agent's fiduciary duties to the buyer.

That the Registrant acknowledges the [RLS BrokerÕs] ownership of and the validity of the copyright in the database.

BROKER'S AGENTS

As part of your negotiations with a real estate agent, you may authorize your agent to engage other agents whether you are a buyer or seller. As a general rule, those agents owe fiduciary duties to your agent and to you. You are not vicariously liable for their conduct.

DUAL AGENT

A real estate broker may represent both the buyer and the seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.

DUAL AGENCY WITH DESIGNATED SALES ASSOCIATES

If the buyer and the seller provide their informed consent in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales associate to represent the buyer and another sales associate to represent the seller to negotiate the purchase and sale of real estate. A sales associate works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales associate for the buyer will function as the buyer's agent representing the interests of the buyer and the designated sales associate for the seller will function as the seller's agent representing the interests of the seller in the negotiations between the buyer and seller. A designated sales associate cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales associate must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales associates before agreeing to such representation.

PDF: NY State Disclosure Form for Landlord and Tenant

NEW YORK STATE DISCLOSURE FOR LANDLORD AND TENANT

THIS IS NOT A CONTRACT

New York state law requires real estate licensees who are acting as agents of landlords and tenants of real property to advise the potential landlords and tenants with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates. Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

A landlord's agent is an agent who is engaged by a landlord to represent the landlord's interest. The landlord's agent does this by securing a tenant for the landlord's apartment or house at a rent and on terms acceptable to the landlord. A landlord's agent has, without limitation, the following fiduciary duties to the landlord: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A landlord's agent does not represent the interests of the tenant. The obligations of a landlord's agent are also subject to any specific provisions set forth in an agreement between the agent and the landlord. In dealings with the tenant, a landlord's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

TENANT'S AGENT

A tenant's agent is an agent who is engaged by a tenant to represent the tenant's interest. The tenant's agent does this by negotiating the rental or lease of an apartment or house at a rent and on terms acceptable to the tenant. A tenant's agent has, without limitation, the following fiduciary duties to the tenant: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A tenant's agent does not represent the interest of the landlord. The obligations of a tenant's agent are also subject to any specific provisions set forth in an agreement between the agent and the tenant. In dealings with the landlord, a tenant's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

BROKER'S AGENTS

As part of your negotiations with a real estate agent, you may authorize your agent to engage other agents whether you are a landlord or tenant. As a general rule, those agents owe fiduciary duties to your agent and to you. You are not vicariously liable for their conduct.

DUAL AGENT

A real estate broker may represent both the tenant and the landlord if both the tenant and landlord give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the landlord and the tenant. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the tenant and landlord. An agent acting as a dual agent must explain carefully to both the landlord and tenant that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the landlord and tenant are giving up their right to undivided loyalty. A landlord and tenant should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.

DUAL AGENT WITH DESIGNATED SALES ASSOCIATES

If the tenant and the landlord provide their informed consent in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales associate to represent the tenant and another sales associate to represent the landlord. A sales associate works under the supervision of the real estate broker. With the informed consent in writing of the tenant and the landlord, the designated sales associate for the tenant will function as the tenant's agent representing the interests of the tenant and the designated sales associate for the landlord will function as the landlord's agent representing the interests of the landlord in the negotiations between the tenant and the landlord. A designated sales associate cannot provide the full range of fiduciary duties to the landlord or tenant. The designated sales associate must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A landlord or tenant should carefully consider the possible consequences of a dual agency relationship with designated sales associates before agreeing to such representation.

By submitting a query or otherwise reviewing the information on this website concerning real property listings (the “Data”) you agree to the following: (i) you will not access the Data through automated or high-volume means; and (ii) you will not “scrape,” harvest or otherwise copy the Data except pursuant to your personal non-commercial use of the Data solely to identify real property listings that you may be interested in investigating further.