Onlinebuilding’s Terms
of Use
TERMS OF USE AGREEMENT FOR ALL SERVICES
AND THE WEBSITES
Last
Updated: 11/10/2009
Please review this Terms of Use
Agreement ("Agreement"). By accessing, browsing or using this
website, or any of the websites owned and operated by Onlinebuildings.com, Inc.
(OLB), it’s divisions or service groups, or any page thereof, through any
direct or indirect means (individually or collectively, "Websites" or
"Website"), or by using the goods, facilities or services offered in
or through the Websites through alternative methods (including, for example,
telephone, mail, email or facsimile), you accept and agree to be bound by these
Terms of Use (the terms "Website" and "Websites" include
use through these alternative methods).
THIS AGREEMENT CONTAINS AN AGREEMENT TO
ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY.
These provisions form an essential basis of our bargain.
If you do not agree to these terms and
conditions, you are not authorized to access or use the Websites and you are to
cease accessing or otherwise using the Websites.
For purposes of this Agreement,
"You" or "Your" means the person(s) using the Websites,
and/or the goods, facilities or services of OLB companies offered through
alternative methods, including persons that allow others to provide information
about themselves to OLB (as defined below), the board associations, property
management companies and brokers on OLB's ApplyPort network ("Members").
"OLB", "us" or "we" means, but is not limited to
the following entities:
• Onlinebuildings.com, Inc.
THE DISCLOSURES AND CONSENTS REQUIRED
UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY
USE OF THE WEBSITES.
OLB operates the
Websites and shall have the right at any time to change or discontinue any
aspect or feature of the Websites and the right to modify the terms and
conditions applicable to users of the Websites, including these Terms of Use,
or any part hereof. Such changes, modification, additions or deletions shall be
effective immediately upon posting on the Websites. Any use by you of the
Websites or the goods, facilities or services offered in or through the
Websites shall be deemed to constitute acceptance of such changes.
INFORMATION SECURITY POLICY
The OLB Consumer Information Security Policy, hereby incorporated by reference
into this Agreement, explains the policy applicable to the information that is
collected through the Websites, received directly from you or transmitted to or
from third parties.
ONLINE APPLICATIONS
OLB offers an online application and forms system which can be used to develop
many different types of applications and forms where applicants enter and
submit, electronically, personal and financial information that may be used to
evaluate the applicant’s request for consideration. Two examples of such
applications and forms are
- OLB offers an online application system that
allows applicants to prepare and submit building association applications
for the approval by Association Boards of the purchase, lease and transfer
of apartments and re-financing of loans related to those apartments.
- OLB offers an online bank questionnaire that is
prepared and submitted to a lending institution that is considering making
a loan on a particular apartment. The questionnaire contains information
about the related building that the lending institution needs as part of
the due diligence.
The Websites and the services provided
by OLB are available in connection with preparing and submitting these applications
and fostering other relationships between property owners, tenants, landlords,
property management companies, brokers, bankers and other parties to
transactions in the real estate sector.
The personal and financial data and other information you may provide OLB is
not, and is not treated as, an application to be pre-approved, pre-qualified or
any similar concept. OLB does not guarantee acceptance of any particular
application or specific terms or conditions with any board association or
property management company; application approval standards are established and
maintained solely by individual board associations and their property
management companies. OLB and the appropriate Association Boards and Property
Management Companies may obtain, verify and record information that identifies
each person who submits an application through us to them. Our clients and we
may ask for your name, Social Security Number, address, date of birth and other
important information including information received from your credit file that
will allow our clients to properly identify you. During the application
process, they may also ask to see your driver’s license or other identifying
documentation.
OLB is paid a fee for goods, facilities and services provided. Regardless
whether your application is approved you will be responsible for paying any and
all non-refundable fees as documented on your application.
When clicking on any button indicating
an acceptance or agreement to terms, a continuance of processing or submission
("submission") you understand that you are agreeing to the stated
terms and conditions of that submission and that you are preparing and submitting
an application through OLB to the property management company and ultimately
the association board responsible for reviewing your particular application. By
submitting the application containing your electronic signature, you are
extending an express invitation to each board association and property
management company to contact you by telephone at the numbers you have provided
so they may assist you with your transaction, and you hereby consent to any
such calls even if your phone number is on any Do Not Call list, or by email at
the email address you provided or at another address that may be associated with
you that we receive from property management companies or other parties and you
hereby consent to any such email so it will not be considered spam or
unauthorized by any local, state or federal law or regulation.
By saving your information with OLB or
by doing a submission, you give OLB, the appropriate association board and
property management company permission to retain all such provided information
and to make live or recorded calls to discuss, provide or remind you of any
information in regards to your submission, including incomplete application
requirements, deadlines, quality of services or other matters in connection
with your application. For any service, you represent that all of the
information you have provided in your submission is true and complete.
By submitting an application, you authorize OLB to provide
information provided by you or third parties either to association boards,
property management companies, brokers and other parties on the OLB network
(ApplyPort) necessary to complete a review of your application. You also
authorize OLB, association boards, property management companies, brokers and
other parties necessary to complete a review of your application, to request
from one or multiple credit bureaus /reporting agencies, your credit bureau
report including any ancillary credit scores or ratings and to check your
credit and employment history.
OLB expressly reserves the right to discontinue, suspend or terminate the
offering of any product or service in any specific state through the Websites
at any time, without prior notice.
By creating an account or otherwise
registering with any of the OLB sites, you hereby understand and agree that you
have established a business relationship between you and Onlinebuildings.com,
Inc., which is the owner of these sites. As such, you agree that OLB may
contact you using information you provided with information and offers of
services available through OLB and the Websites. You hereby consent to any such
communication or phone calls even if your phone number is on any Do Not Call
list.
COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 1999 - 2010 Onlinebuildings.com,
Inc, 1001 Avenue of the Americas, New York,
NY 10018. All
rights reserved. Other product and company names mentioned herein, including
the names of our clients, may be the trademarks of their respective owners.
Nothing on the Websites should be construed as granting, by implication, estoppels
or otherwise, any license or right to use any service mark or trademark
(individually and collectively, "Mark" or "Marks")
displayed on the Websites, without the prior written permission of OLB or the
applicable Mark holder specific for each such use. The Marks may not be used to
disparage OLB, the property management companies, board associations, the
applicable third party or the products or services of such parties, nor shall
they be used in any manner that may damage any goodwill in the Marks. Use of
any Mark as part of a link to or from any site is prohibited unless
establishment of such a link is approved in advance by OLB in writing.
The Websites contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of the Websites are
copyrighted as a collective work under the United States copyright laws. OLB owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the content
original to it. You may not modify, publish, transmit, participate in the
transfer or sale, create derivative works or in any way exploit, any of the
content, in whole or in part. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or
commercial or non-commercial exploitation of downloaded material will be
permitted without the express written permission of OLB and the copyright
owner. Elements of the Websites are protected by trade dress, trademark, unfair
competition, and other state and federal laws and may not be copied or imitated
in whole or in part, by any means, including but not limited to, the use of
framing or mirrors.
DISCLAIMERS AND LIABILITY
OLB intends that
the information contained in the Websites be accurate and reliable; however,
errors sometimes occur. In addition, changes and improvements to the
information provided herein may be made by OLB at any time. Under no
circumstances will OLB be liable for any loss or damage caused by your reliance
on information obtained through the Websites. It is your responsibility to
evaluate the accuracy, completeness or usefulness of any information, opinion,
advice or other content available through the Websites.
THE WEBSITES AND THE INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS
IS". OLB AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS
DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER
WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT. USE OF THE WEBSITES AND/OR OLB'S SERVICES IS AT YOUR OWN RISK.
OLB AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS ARE NOT
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE
INABILITY TO USE THE WEBSITES AND/OR OLB'S SERVICES OR WITH THE DELAY OR
INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE
BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS,
DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS,
TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT
CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR
ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OLB
RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE ARISING OUT OF THE USE OF THE
WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLB
AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS HAVE BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS/NOTICES AND
INFORMATION DELIVERED ELECTRONICALLY
OLB and real estate professionals may choose to electronically deliver all
information related to its services and your applications. OLB and real estate
professionals' electronic communications to you may transmit or convey
information about action taken on your application, portions of your application
that may be incomplete or require additional explanation, any notices required
under applicable law, which may include any Federal Truth-in-Lending
disclosures, other terms, conditions and documents, and the privacy policies of
OLB and real estate professionals.
You agree to receive all current and future notices, disclosures,
communications and information, and to do business electronically with OLB and
real estate professionals. This means that OLB and real estate professionals
may communicate with you by sending a message to the email address you provided
or at another address that may be associated with you that we receive from
Providers and real estate professionals or other parties. You agree that you
meet the below technical requirements and are able to access and retain copies
of notices and information sent or made available electronically. The Consent
for Electronic Disclosures, hereby incorporated by reference into this
Agreement, is the disclosure that provides greater detail.
Technical Requirements
To access and retain information and notices we send or make available to you
electronically, you will need:
- Internet access with 128-bit encryption
- Adobe Acrobat Reader 6 or higher
- Ability to Print
- Internet Explorer 6 or higher or Firefox 1.5 or
higher
- Email Access
PRIVACY POLICY
The OLB Privacy Policy, hereby incorporated by
reference into this Agreement, explains the policy applicable to the
information that is collected through the Websites or received directly from
you.
INDEMNITY
As a condition of
use of the Websites and/or OLB's services, you agree to indemnify OLB and its
suppliers, Lenders, Providers or real estate professionals from and against any
and all liabilities, expenses (including attorneys' fees) and damages arising
out of claims resulting from your use of the Websites, including without
limitation any claims alleging facts that if true would constitute a breach by
you of this Agreement.
LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such
links are provided for your convenience and reference only. OLB does not
operate or control in any respect any information, software, products or
services available on such websites. OLB's inclusion of a link to a website
does not imply any endorsement of the services or the website, its contents, or
its sponsoring organization. When you leave the Websites please note that OLB
is not responsible for the accuracy or content of the information provided by
that website, nor is it liable for any direct or indirect technical or system
issues arising out of your access to or use of third party technologies or
programs available through that website.
ERRORS AND DELAYS
OLB is not
responsible for any errors or delays in responding to an application caused by,
including but not limited to, an incorrect email address provided by you or
other technical problems beyond our reasonable control.
DISPUTE RESOLUTION
Any claim or controversy arising out of
or relating to the use of the Websites, to the goods or services provided by OLB,
or to any acts or omissions for which you may contend OLB is liable, including
but not limited to any claim or controversy as to arbitrability
("Dispute"), shall be finally, and exclusively, settled by
arbitration. The arbitration shall be held before one arbitrator under the
commercial arbitration rules of the American Arbitration Association
("AAA") in force at that time. The arbitration shall be venued in New York County, New York. The arbitrator shall be selected
pursuant to the AAA rules. Should no AAA rule regarding the selection of an
arbitrator be in effect, the consumer shall select an arbitrator from a panel
of arbitrators acceptable to OLB. In any arbitration, all the costs associated
with the arbitration shall be paid by the non-prevailing party. To begin the
arbitration process, a party must make a written demand therefore.
Any judgment upon the award rendered by the arbitrators may be entered in any
court of competent jurisdiction in New York County, New
York. The
arbitrators shall not have the power to award damages in connection with any
Dispute in excess of actual compensatory damages and shall not multiply actual
damages or award consequential, punitive or exemplary damages, and each party
irrevocably waives any claim thereto. The agreement to arbitrate shall not be
construed as an agreement to the joinder or consolidation of arbitration under
this agreement with arbitration of disputes or claims of any non-party,
regardless of the nature of the issues or disputes involved. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND OLB WILL BE RESOLVED
BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO
ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR
BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT
A JUDGE OR JURY.
You are entitled to a fair hearing, and
the arbitration procedures are simpler and more limited than rules applicable
in court. Arbitrator decisions are enforceable as any court order and are
subject to very limited review by a court. By using OLB's goods,
facilities and services, you consent to these restrictions.
Should a Dispute arise and should the
arbitration provisions herein become inapplicable or unenforceable, or in any
instance of any lawsuit between you and OLB, the parties agree that
jurisdiction over and venue of any suit shall be exclusively in the state and
federal courts sitting in New York County, New York. If either party employs
attorneys to enforce any right in connection with any Dispute or lawsuit, the
prevailing party shall be entitled to recover reasonable attorneys' fees.
OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions
applicable to use of the Websites, including, but not limited to, any
supplemental terms governing the use of certain specific material contained in
the Websites and any operating rules for the Websites established by OLB)
constitutes the entire agreement between you and OLB and it supersedes all
prior or contemporaneous communications, promises and proposals, whether oral,
written or electronic, between you and OLB with respect to the Websites and
information, software, products and services associated with it. This Agreement
shall be subject to and construed in accordance with the laws of the State of New York, excluding its conflict of laws
principles. 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. 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. All rights not expressly granted herein are
reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS
AGREEMENT FOR YOUR RECORDS.