Last modified: July 2019
This Website (as defined below) is operated by The Kislak Company, Inc. Kislak Commercial Real Estate Services, Inc. and The Kislak Referral Agency, Inc. on behalf of ourselves, our affiliated companies and organizations (“Kislak”, “we”, “our” or “us”).
Acceptance of Terms
The following terms and conditions (“Terms of Use”) govern your access to and use of this website and the related mobile applications provided by us, including any content and services offered on or through this website and/or the applications (referred to collectively as the “Website”). By using the Website, you accept and agree to follow these Terms of Use and our Privacy Policy, found at www.kislakrealty/privacypolicy, and you consent to allow us to use your information in compliance with the Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. Kislak has the right to change these Terms of Use at any time, and you agree that each visit you make to the Website shall be subject to the current Terms of Use. If you have any questions that these Terms of Use do not answer, please email info@kislakrealty.com. Except as otherwise provided herein, these Terms of Use applies to any user (each a “User” and collectively, the “Users”) of any service on the Website.
Disclaimer
The information contained in this Website is for general guidance on matters of interest only. The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this site. Accordingly, the site should not be used as a substitute for consultation with a licensed commercial real estate broker or other competent advisers. Before making any decision or taking any action, you should consult a Kislak professional.
Kislak and its members, managers, partners, directors, officers, employees and agents (collectively, “Kislak Parties”) shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of any Kislak Parties, their subcontractors or suppliers, or otherwise, to you or to any third-parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Website or the content on this Website or for delays or omissions in any of the foregoing, including, but not limited to, inaccuracies or errors in or omissions from quotes and/or financial data. Kislak Parties shall have no responsibility to maintain this Website and/or the content or to supply any corrections or updates in connection with this Website and/or the content.
In no event shall Kislak Parties’ total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise, including but not limited to, negligence) exceed the amount paid by you to Kislak, if any, for accessing this Website.
Nothing set forth in this Website should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in this Website involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in this Website, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.
You should not construe any of the content on this Website as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make this Website the primary basis for any trading decisions. In providing this Website and the content herein and entering into any transactions in the products described in this Website, Kislak is acting solely in the capacity of an arm’s length contractual counterparty and not as a financial advisor or a fiduciary. Under no circumstances should Kislak be considered your advisor or fiduciary and, if you require advice with respect to the products identified in this Website or any contemplated transactions, you should consult your own business, financial, accounting or legal advisors.
WHILE WE HAVE MADE EVERY ATTEMPT TO ENSURE THAT THE INFORMATION CONTAINED IN THIS SITE HAS BEEN OBTAINED FROM RELIABLE SOURCES, KISLAK IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION. ALL INFORMATION IN THIS SITE IS PROVIDED “AS IS”, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY, TIMELINESS OR OF THE RESULTS OBTAINED FROM THE USE OF THIS INFORMATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL KISLAK OR THE MEMBERS, MANAGERS, PARTNERS, DIRECTORS, OFFICERS, OWNERS, AGENTS OR EMPLOYEES THEREOF BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION IN THIS WEBSITE OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DISCLAIMERS DO NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This Website may include content provided by third parties. All statements and opinions of such third parties are solely the responsibility of the person providing those materials and do not necessarily reflect the opinion of Kislak.
Certain links in this Website connect to other websites maintained by third parties over whom Kislak has no control. Kislak makes no representations as to the accuracy or any other aspect of information contained in other websites and does not undertake any obligation to update the materials on any such websites.
No Resale of Services or Information
You agree not to resell information obtained from Kislak without the express written permission of Kislak.
Disputes
In the event that you have a dispute with one or more other Users, you release Kislak (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limit on Liability
IN NO EVENT SHALL KISLAK OR ANY PERSONS ASSOCIATED WITH KISLAK BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA (HOWEVER ARISING, UNDER CONTRACT, TORT OR ANY OTHER THEORY OF LEGAL LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ANY WEBSITES LIMITED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, OR FROM THESE TERMS OF USE. THESE LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
System Integrity
You as a User agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of the Website or any service being provided on the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on our Website infrastructure. If you are issued a password, you agree not to disclose your password to any third-party or to use your password for any unauthorized purpose.
Web Links
The Website may display URLs or icons which allow Users to link to other web sites, including, without limitation, sites which are operated by third-parties and which are not maintained by Kislak. Kislak makes no representations whatsoever about any other Website to which you may have access through this Website. Any content, services, representations or warranties made on such other websites are the sole responsibility of the operator of those sites, and Kislak assumes no responsibility for any the content, the operation or the services provided thereon.
Limited License
All of the materials on the Website are protected by copyright laws and international treaty provisions. Except as stated herein, NONE of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Kislak or the other applicable copyright owner. Permission is granted to display and download the materials on this site for internal company/organization use only. This permission terminates automatically if you breach any of these terms and conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material found on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may download content for non-commercial, personal use only, provided that copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
Privacy Policy
Our current privacy policies may be viewed by clicking the “Privacy Policy” link at the bottom of this page and shall form part of these Terms of Use. PLEASE NOTE THAT, AS PART OF OUR PRIVACY POLICY, KISLAK DOES RESERVE THE RIGHT TO TAKE ANY ACTION WITH RESPECT TO YOUR PERSONAL INFORMATION THAT WE, IN OUR SOLE AND ABSOLUTE DISCRETION, DEEM NECESSARY OR APPROPRIATE IF SUCH INFORMATION MAY CREATE A LIABILITY FOR US OR MAY CAUSE US TO LOSE ALL OR PART OF THE SERVICES PROVIDED TO US BY OUR INTERNET SERVICE PROVIDERS OR OTHER SUPPLIERS.
Indemnification
You, as a User, agree to defend, indemnify and hold harmless Kislak and affiliates, and their respective members, managers, officers, directors, employees, contractors, agents, licensors, successors and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees and other legal costs) arising out of or in connection with your violation of these Terms of Use, or your use of any information obtained from the Website, or from any third-party claim made arising out of the use of the services provided by Kislak to you or by any other person using your User name and password.
No Warranty
KISLAK PROVIDES THE WEBSITE AND ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. KISLAK AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, KISLAK MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR (III) THE CONTENT OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
Cautionary Language Regarding Forward-Looking Statements
This Website may contain “forward-looking statements” as defined under U.S. federal securities laws. These statements may relate to analyses and other information based on forecasts of future results and estimates of amounts not yet determinable. These statements may also relate to our future prospects, developments and business strategies. These forward-looking statements are made based on our management’s expectations and beliefs concerning future events affecting us and are subject to uncertainties and factors relating to our operations and business environment, all of which are difficult to predict and many of which are beyond our control. These uncertainties and factors could cause our actual results to differ materially from those matters expressed in or implied by these forward-looking statements. Forward-looking statements speak only as of the date the statements are made. Kislak assumes no obligation to update forward-looking statements to reflect actual results, changes in assumptions or changes in other factors affecting forward-looking information, except to the extent required by applicable securities laws.
General Compliance with Laws
You as a User agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and Website.
No Agency
You and Kislak are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, implied or created by these Terms of Use.
Notices
Except as explicitly stated otherwise, any notices shall be transmitted to Kislak by e-mail to info@kislakrealestate.com (in the case of notices sent to Kislak) or to you the User at the e-mail address which you provide to Kislak during the registration process. Notice shall be deemed given seventy-two (72) hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kislak during the transaction or bid process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Intellectual Property
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Kislak by you through the Website, including but not limited to intellectual property related thereto (except as may otherwise be expressly provided), becomes the exclusive property of Kislak without compensation and Kislak may copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. You hereby agree to take whatever further actions, may be necessary to assign your rights to the same to Kislak. You are prohibited from posting or transmitting to or from the site any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
Kislak and its green-box logo are, without limitation, trademarks of Kislak and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kislak. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Kislak, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kislak. All other trademarks, registered trademarks, and company names or logos mentioned herein are the property of their respective owners.
Correspondence
Kislak assumes no responsibility for reviewing unsolicited ideas for Kislak’s business and will not incur any liability as a result of any similarities that may appear in future programs. Also, please remember that you are responsible for whatever material you submit to Kislak, and that you, and not Kislak, have full responsibility for the message, trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of Kislak.
Modification of Website
We may modify or update the content on this Website from time to time, but its content may not be complete or up-to-date at any given time.
Applicable Law
The terms of these Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New Jersey applicable to contracts made and to be fully performed in such State, without reference to principles of conflict of laws, and any action brought in relation to these Terms of Use shall be brought in a Federal or State court in New Jersey. You hereby consent to personal jurisdiction in any applicable court for purposes of any such litigation and hereby waive any claim or defense that such forum is not convenient or proper. You hereby consent to service of process by any means authorized by New Jersey law (other than by publication). You hereby waive any right to trial by jury with respect to any dispute, suit, action or proceeding arising out of or relating to these Terms of Use.
Severability
If any provision of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired thereby.
Entire Agreement and Waiver
These Terms of Use constitutes the entire agreement between Kislak and the User and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties with respect to the subject matter hereof. No supplement, modification, waiver or termination of these Terms of Use shall be binding unless executed in writing by the person to be bound thereby. No waiver of any of the provisions of these Terms of Use shall constitute or be deemed a waiver of any other provisions (whether or not similar) or a continuing waiver unless otherwise expressly provided.
