Terms and Conditions
While every reasonable attempt has been made to check on the authenticity of the listing and pricing information provided by 40west55th.com, we cannot guarantee that the information provided is without error.
40west55th.com is strictly for information purposes only and in no way does it hold itself out to the public as a representative of the buildings, apartments and/or information provided in relation to the content and affiliates of 40west55th.com.
Information concerning these offers is from sources deemed reliable, but no warranty is made as to the accuracy thereof. All information is subject to correction of errors, change in price, omission, financing, commission, rental, sale, lease or withdrawal without any notice.
Therefore, anyone wishing to use the information found herein is encouraged to contact an affiliated real estate broker of 40west55th.com and schedule an appointment to review and verify property information. All square footage, pricing and dimensions are approximate. Exact dimensions can be obtained by retaining the services of a professional architect or engineer.
40west55th.com cannot be held liable for any actions taken, either wholly or in part, based on the information provided on our website. Furthermore, 40west55th.com shall not be held responsible for any loss, damage or destruction resulting from using 40west55th.com.
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.
IN NO EVENT WILL 40west55th.com BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY 40west55th.com ON AN "AS IS" BASIS ONLY. WE PROVIDE NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
The content, layout, design, concept, and organization of the 40west55th.com Site and Services are subject to 40west55th.com's patents, copyrights, trade secrets, and other intellectual property rights. All rights are reserved.
You acknowledge and agree that 40west55th.com owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks, content and other intellectual property rights therein. In case if any part of the content that appears on this Website is not owned by 40west55th.com is the property and copyright of their respective owners, who may, or may not be affiliated with, connected to, or sponsored by 40west55th.com. Any use of the 40west55th.com Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from 40west55th.com before you copy, upload, transmit, reproduce, distribute or in any way exploit any 40west55th.com Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the 40west55th.com Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services. This Agreement does not constitute a license to use 40west55th.com's trade names, service marks or any other trade insignia. Any use of our trade names, services marks or any other trade insignia shall be subject to 40west55th.com prior written consent.
Any trademarks not owned by 40west55th.com that appear on this Website are the property of their respective owners, who may, or may not be affiliated with, connected to, or sponsored by 40west55th.com.
Scope of Use
You shall not use the 40west55th.com website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms and Conditions of or for any purposes other than those that are personal and non-commercial. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, download, post, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the 40west55th.com web site, including, but not limited to the text, graphics, logos, photos, and audio and visual files, without express written permission from 40west55th.com. This means, among other activities, that you agree not to engage in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the 40west55th.com web site in any manner that could damage, disable, overburden, or impair the 40west55th.com website or interfere with any other party's use and enjoyment of the 40west55th.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the 40west55th.com website. Unauthorized individuals attempting to access any area of this site in a prohibited manner may be subject to prosecution.
Intellectual Property Rights and Ownership
The content of 40west55th.com is owned by 40west55th.com and is protected by national and international laws, treaties and conventions regarding intellectual property or proprietary rights.
40west55th.com invites a User to view, use and download sample portions of content including, without limitation, text, graphics, software, pictures, data, product descriptions, and audio and video files on this website for a User's informational, non-commercial use; provided, however, that all copyright, trademark and other proprietary rights notices are left intact. Please note that such download and use of content to evaluate whether to purchase products or services from 40west55th.com or otherwise enter into a business relationship with 40west55th.com shall not constitute commercial use.
ALL INFORMATION ON THE WEB SITE IS PROVIDED TO USERS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE WEB SITE AND THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. 40west55th.com DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. AS A SERVICE TO PEOPLE WHO VISIT THE WEB SITE, 40west55th.com PERMITS OUR REAL ESTATE AGENTS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. 40west55th.com DOES NOT RECOMMEND OR ENDORSE ANY OF THE REAL ESTATE AGENTS, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE AGENTS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEB SITE. USERS SHOULD SEEK THE ASSISTANCE OF LICENSED REAL ESTATE PROFESSIONALS REGARDING THE EVALUATION OF SPECIFIC CONTENT OBTAINED ON THE WEB SITE. USERS ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT THEY MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES OR ANY OTHER DESTRUCTIVE PROGRAMS OR CODE.
Limitation of Liability
You assume all responsibility and risk for the use of this site and the Internet generally. In no event shall 40west55th.com and its partners, directors, officers, employees, agents, vendors, and suppliers be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tort actions, arising out of or in connection with the use, copying, or display of the content resulting from access to or use of this site, or the internet generally, under contract, tort or any other cause of action or legal theory.
Although 40west55th.com believes the content to be accurate, complete, and current, 40west55th.com makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein. 40west55th.com may make changes in the services described herein at any time.
You agree to indemnify, defend, and hold harmless 40west55th.com, its and their partners, officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of 40west55th.com, its and their partners, officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
40west55th.com may modify this agreement or Privacy Statement at anytime in its sole discretion. Any modification is effective immediately upon either a posting on the Homepage, or by a message from 40west55th.com sent by electronic mail, or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription. However, if you do not terminate your registration, or continue to use 40west55th.com, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.
Violations of Terms and Conditions of Use
In the event the damages of a violation of these Terms and Conditions are difficult to determine, you agree that 40west55th.com shall be entitled to $30,000 as liquidated damages for each violation of these Terms and Conditions, in addition to seek injunction relief and to the right to block your access to the Web Site.
Links to other websites and services
To the extent the Web site contains links to outside services and resources ("Linked Sites"), 40west55th.com neither endorse nor are affiliated with the Linked Sites and is not responsible for any content that appears on the Linked Sites. The respective owners of the Linked Sites neither endorse nor are affiliated with 40west55th.com.
Any claims relating to the Web Site must be brought in the state or federal courts of the State and County of New York and shall be governed by the laws of the State of New York.