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TERMS OF SERVICE
Terms and Conditions of Use
Welcome to Douglas Elliman Real Estate.Through the Douglas Elliman Real Estate website, located atwww.elliman.com, and our
"Site"
limitationwww.update.elliman.com and www.seniors.elliman.com the
(collectively, "Site"),you can browse and search realestate
(" Terms"
Your use of the Site is subjectto these Terms and Conditions ofUse, which include the Privacy Policy("Terms"). You must agree to
"Service"
of theservices offeredthrough the Site the
(collectively, "Service"). These Terms constitute a binding contract between Douglas Elli
"us")and you ("you"). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASI
We suggest that you printout a copy of these Terms foryour records.
1. REGISTRATION.
1. Scope of Use. The purpose ofthis Siteis toassist customers and brokers incontacting Douglas Elliman and itsagents concel
listingsset forthherein and any other services offered by Douglas Elliman. You represent that you are a prospective purchase
inthe geographic areas where Douglas Elliman is licensed and operating with a bona fide interestinthe purchase, sale orlee
2. Registration Required. You must complete the Site registrationprocess to createan account with a user name and password
use of the Service.
3. Minimum Age. You must be eighteen (18) years of age or olderto registerforan Account.
4. Password and Identity.
You may notshare your password with anyone else.Any use of the Service through your Account will
Douglas Elliman is entitled
to relyon the contact and other information thatis supplied to us through your Account. Your Acc
assignable.
5. Consent to Contact. BY REGISTERING FOR AN ACCOUNT, YOU CONSENT TO RECElVE PERSONALIZED EMAILS, TELEPHC
DOUGLAS ELLIMAN. You must always provide accurate, current and complete information to Douglas Elliman forthe Servic(
a timely manner to maintain itsaccuracy and completeness.
("
6. Broker Restrictions.Any real estate broker,salesperson, agent, or similarstate licensed realestate professional ("Real Estate /
customer must firstenterinto a co-brokerage agreement with Douglas Elliman. We authorize the Real Estate Board of New Yc
Service ("RLS") brokers (and each of theirduly authorized representatives) toaccess the Sitefor the purposes of verifyingcon
Terms, the Co-Brokerage Agreement between Douglas Elliman and REBNY, orany otherapplicable RLS rulesor policiesor ar
estate board that Douglas Elliman subscribes to.We reserve the rightto deny or terminate access toany Real Estate Agent ex
Agent is accessing theSite forthe foregoing purposes. No person, including any Real Estate Agent, may market or make com
including without limitationadvertisingour property listings,
copying our Content forcommercial use, or contacting our custo
properties listedon the Site.
7. Acknowledgment of Broker-Consumer Relationship. By agreeing to these Terms, you acknowledge you are entering into a law
may be defined under state law. The relationship isnot exclusive and you are not obligatedto work with Douglas Elliman.
8. Market Area. The market area served by the Site includesNew York City, Long Island, Westchester and Hudson County, New
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9. /Vo Affiliation
With Real Estate Agent. You agree thatyou have not signed any agreement with any Real Estate Agent that wot
Elliman as your agent. You do not have a contract or agreement with any third party thatwould interferewith our representat
immediately inthe event you enter intoa listingagreement with a Real Estate Agent.
Outreach to SellersProhibited. You agree not to contact the owner orsellerof any property from information gained through tl
the property or speak with an owner orsellerwithout an appointment set by Douglas Elliman.
10. We Represent Multiple Buyers. You acknowledge and agree that we may alsorepresent other prospective buyers seeking to p
meet your purchase criteria.
11. Authorization to Review Documents. You hereby authorize Douglas Elliman to review and provide you with copies of various I
estate transaction,including without limitationhome inspection reportsand closing papers.
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2. POSTING CONTENT 0N THE SITE.
1. Content Protected by IntellectualProperty Rights. Any content availablethrough the Site,including applications, software, tex
graphics, music, sound clips,images, likenesses, personal information and otherworks of authorship "Content")
(collectively,
property rights of Douglas Elliman or itslicensors.Allright, title
and interestin and to the Siteand any Content willremain th
Elliman and itslicensors.
2. Your Warranties Regarding Your Content. You may post to the Siteor otherwise submit to us your Content, including without I
listings,feedback regarding the Service,or any other ideas, suggestions, documents or proposals. By submitting your Conten
that:
a. you own your Content or have sufficientrights inyour Content to grantto Douglas Elliman the rightsdescribed inthese Te
b. your Content does not and will not infringethe intellectualproperty rights,privacy,rightsto publicityor any other legalor
c. your Content is trueand accurate to the bestof your knowledge;
d. your Content does not include confidential or proprietaryinformation;
e. if weso choose, we may use and discloseyour Content in any way; and
f.we have no obligation to pay or reimburse you for your Content or our use of your Content.
3. Prohibited Content. You must not post tothe Site any Content that, as reasonably determined by Douglas Elliman, is orappe¿
a. untrue, misleading, harmful, threatening,fraudulent, abusive, harassing, defamatory, vulgar, obscene, invasive to another
hateful,or racially,
morally or otherwise objectionable;
b. infringingupon or misappropriating a thirdparty'sintellectualproperty rights,including any patent, trademark, trade secr
including any Content that isthe subject ofany claim of infringement or misappropriation;
c. ofa type that you do not have a rightto transmit under any law orcontractual or fiduciaryrelationships,such as propriet2
d. information that references personally identifiableinformation, such as address, email address, contact information, or ph
e. unsolicited,undisclosed or unauthorized advertising;
f.software viruses or any other computer code, files,or programs designed to interrupt,destroy, or limit
the functionalityof
telecommunications equipment;
g. data or information obtained through access that was not authorized by the owner, or thatyou are not authorizedto post;
h. inviolation of any applicable local,state,national or internationallaw (including export control,consumer protection, unf,
housing and falseadvertising laws).
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3. 0WNERSHIP OF CONTENT; LICENSE.
1. Ownership of Your Content. You retainownership of your rightsin any Content you postto the Site,subject to the non-exclus
described inthese Terms.
2. Your License to Douglas Elliman. You hereby grant Douglas Elliman an irrevocable, perpetual, worldwide, royalty-free,
freelyt
(through unlimited levelsof sublicense),non-exclusive license touse, reproduce, modify, delete,translate, transmit,selland
and create derivativeworks of the Content you submit or make availablefor inclusion on or through the Site,and toincorpore
any form, media, or technology now known or laterdeveloped without compensation to you.
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4. USER RESTRICTIONS.
I.Prohibited Conduct on the Site.You must not do, or attempt to do,any ofthe following, as reasonably determined by Douglas
a. access oruse the Site inany way thatis not incompliance with any applicable local,state, nationalor internationallaw (
intellectualproperty rightsor constitutesthe commission of a tort,orfor any purpose that isharmful or unintended (by us
these Terms;
b. use any Content in violationof any applicable laws, rules or regulations,including without limitationthe rules ofReal Esti
New York State Department of State,the New York State Department of Banking, or any listingagency.
c. access, tamper with, or use services or areas ofthe Site thatyou are not authorizedto access;
d. alterinformation on or obtained from the Site;
e. tamper with postings, registrationinformation, submissions
profiles, or Content belonging to Douglas Elliman or other use
f.use any robot,spider, scraper or otherautomated means or interface not provided by us to access the Site orextract data
mail,""spam,"
email addresses, availablefrom the Siteor transmit any unsolicited advertising,"junk or "chain letters";
g. frame any part of the Site,or linktothe Site, orotherwise make itlook likeyou have a relationship to us orthat we have
purpose except as expressly permitted inwriting by Douglas Elliman;
h. impersonate or misrepresent your affiliation
with any person or entity;
i.reverse engineer any licensed software, application,games orany otheraspect ofthe Site ordo anything that might discc
circumvent measures employed to prevent or limit
access to any area, content or code of the Site;
j.send toor otherwise impact us or the Site(or anything or anyone else)with harmful, deceptive
illegal, or disruptive code
or othercode that could adversely impact the Siteor any recipient;or
k.take any action which might impose a significantburden (as determined by us) on the Site's infrastructureor computer s)
ordinary operation ofthe Service.
2. Personal Use Only.The Siteis forpersonal use only. You may not reproduce, copy, sellor otherwise exploitthe Siteor any pa
any commercial purposes.
3. Listing Services.You acknowledge that the individual services,
listing including the residentiallistingservice and the multiple
listingdata to the Site,own such data, and you acknowledge the validityoftheir respectivecopyrights to such data.
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5. MONITORING AND PROTECTION OF CONTENT.
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1. /VoDuty toMonitor We may provide certainforums on the Sitefor users to postfeedback and opinions regarding the Conten
are notobligated to monitor, or
restrict filter
any Content posted anywhere on the Site.We do not regularlymonitor the accure
we reserve the rightto modify orremove any Content at any time. Any Content posted or made available by thirdparties,incI
respective author(s) and not of Douglas Elliman. Douglas Elliman neither endorses nor isresponsible forthe accuracy or relia
Site.
2. License by Douglas Elliman to You. You must respect the intellectual
property laws protecting the Site.Douglas Elliman grant
transferable, non-sublicensable, non-exclusive license,under the rights Douglas Elliman has in the Content, to privatelydispl
to download and printa single copy thereof, subjectto the restrictions
set forthherein.
3. Reservation of Rights.On itsown behalf and the behalfof itslicensors,Douglas Elliman reserves allrights inthe Content, in(
granted inthis Section.Douglas Elliman does not inany way grant any other rightsto you. Except as expressly stated in this
distribute,modify, publicly perform or display,or prepare derivative works ofany Content, including any software, without pri
Elliman or otherthird-partyowner of the rightsinthat Content (ifany).
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6. TERM AND TERMINATION.
1. Term. These Terms shall remain infullforce and effectuntilterminated in accordance with thisSection.
2. Right to Terminate. We may, atany time, terminate your access to the Site,and your Account, for any reason, consistent witt
and other laws, including ifwe believein our sole discretionthat you may have violatedthese Terms or have otherwise engage
damage the reputation, rights,person, or property ofDouglas Elliman, our users, or any other person.
3. Effect of Termination.Upon termination ofyour Account, your agreement with Douglas Elliman pursuant tothese Terms will2
Site,"
following provisions survive the termination: Section 2 "Posting Content on the Section 3 "Ownership of Content; Licen:
Content," Termination," Indemnification,"
Protection of Section 6 "Term and Section 8 "Warranty and and Section 11 "Miscell
Account or access to the Service is terminated,you may no longer have access tothe Content you posted on the Site.Upon 1
remove and discard your Content from the Site.Douglas Elliman willnot be liableto you or any third party forany terminatio
Site.
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7. ADVERTISEMENTS AND 0THER LINKS TO THIRD PARTY SITES.
Our Site may contain advertisements and otherlinksto third partyweb sites.The advertisements and other linkedsites are not p
control. Consequently, we are not responsibleforthe accuracy, legality,
decency, availabilityor content of any advertisement on c
contained in a linkedsite,or any changes or updates tosuch sites.We provide the linksto you only as a convenience, and we d
product or service advertised, the linkedsite orits use orcontents. You use the linksat your own risk.You hereby irrevocablywa
to any such advertisements orthird party sites.
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8. WARRANTY AND INDEMNIFICATION.
1. /Vo Warranty.ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PU
IS"
BY US ON AN "AS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limitingthe
Elliman, itsowners, affiliates,
officers,
directors,employees, agents, contractors, content or service providers (including listing
Group"
successors and assigns the
(collectively, "Douglas Elliman Group") specificallydisclaim any and allwarranties, express or im
but not limited to:(1) any warrantiesconcerning the availability,
accuracy, usefulness, or content of or uninterrupted access t
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(2) any warranties of title,
non-infringement, merchantability or fitnessfora particular purpose. This disclaimer of liability
apl
by any failureof performance, error,omission, interruption,deletion,defect, delay inoperation or transmission, computer virt.
destruction or unauthorized access or alterationof oruse ofrecord in connection with the use oroperation of the Service, wh
negligence or any other cause of action.
2. Use At Your Own Risk. Any on
listing the Sitemay be updated, changed, modified, withdrawn, sold or rented at any time wit
decorations and artistrepresentations are provided for illustrative
purposes only.All square footage and dimensions are appro
information you have found on the Site,you should independently confirm any factsthat are important to your decision, incIt
exact dimensions by retaining the servicesof a professional architector engineer. The information contained on the Site isno
may not be accurate, up-to-date or applicable to any particularcase. IF YOU RELY ON ANY INFORMATION, CONTENT OR S
SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLE
OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, CONTENT OR SERVICE FROM THE
DOUGLAS ELLIMAN GROUP CAN ACCEPT ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THIS SITE.
3. Indemnification. By choosing to use the Site,you agree toindemnify, defend and hold harmless the Douglas Elliman Group fl
including attorney'sfees, arisingout of or relatedto:(1) Content you choose to submit, post ortransmit through the Site;(2)
(3) your violationof these Terms; or (4) your violationof any rightsof another.
4. Limitation of Liability.
To the extentpermitted by applicable law, no member of the Douglas Elliman Group shall be liabletoy
direct,indirect,incidental,special, punitive or consequential damages arisingout of your access to oruse ofthe Site orany it
inabilitytogain access toor use the Site,or any breach of any warranty, even ifDouglas Elliman has been advised of the pos
DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND E
DISCONTINUE USING THE SITE AND THE SERVICE.
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9. NOTICES AND CONTACT INFORMATION.
Except as otherwise provided inthese Terms, Douglas Elliman willgive you any notices,and you hereby authorize Douglas Ellim
subpoenas or other legalprocess, if any),via electronicmail to theemail address that we have on record for you. You will be cor
when sent by Douglas Elliman viaelectronic mail, whether ornot received by you. Douglas Elliman may provide notice toany er
to us.You must keep your address current and any noticesent by Douglas Elliman tothe address thatyou have most recently pr
you provide tous must be sent by mail to Douglas Elliman, LLC, 575 Madison Avenue, Suite 406, New York, NY 10022, Attn:
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10. AMENDMENTS.
1. Changes to Terms. Atany time and for any reason, Douglas Elliman may change or update these Terms, which include the P
that isincorporated by reference intothese Terms, without notice toyou. Any change or update made by us willbe prospecti
recent version of theTerms here. In case of inconsistencies between these Terms and any materials provided off-line,these T(
2. Your Obligation to Stay Current. Itis critical
that you keep your email contact information correctand updated with Douglas E
encourage you to check back regularly toreview these Terms.
3. Changes to Service.We reserve the rightto modify or discontinue, and or
restrict block access to, the Service without notice 1
Content from the Serviceat any time without noticeto you, including removal of Content that we believe to be obscene, lewd
harassing, or otherwise objectionable. We are not liablefor any such modification, suspension, discontinuance or removal, at
Douglas Elliman's license to yourContent as stated in Section3 above.
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11. MISCELLANEQUS.
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1. Agreement to Conduct Transactions Electronically.
AIIof your transactions with or through the Site may, at our option,be con(
finish.If thelaw allows you to withdraw thisconsent or if weare ever required to deal withyou non-electronically,we reservc
and you agree to printor make an electronic copy of theTerms and any othercontract or disclosure that we are required to pl
2. Interpretation.The paragraph headings in these Terms areincluded tohelp make these Terms easier to read and have no bin
"include" "including"
the words and are meant tobe illustrative
and not exhaustive.
3. Third Party Rights. These Terms are forthe sole benefitof Douglas Elliman, our officers,directors,employees, affiliates
and a;
user ofthe Site, shallhave the righttoassert a claim under these Terms.
4. Severance. If anypart of theTerms is held by a court of competent jurisdiction
to be invalid or unenforceable, the invalidor L
to the greatestextent possible and the remainder will remain infulleffect,provided that the allocationof risksdescribed inth
extent possible.
5. Assignment. These Terms are personal to you and you may nottransfer,assign or delegate them to anyone without the expre
Elliman. Any attempt by you to assign,transfer ordelegate these Terms without the express written permission of Douglas Ell
Elliman has the rightto transfer,assign and delegate these Terms to one or more thirdparties without your permission.
6. Export Limitations. This Site is controlledby us from our offices inthe United Statesof America and is directed
to U.S. users.
outside the U.S., you do so atyour own riskand you are responsible for compliance with applicable locallaws. You may not
violationof U.S. export laws and regulations or the Terms.
7. Jurisdiction;Choice of Law; Waiver of Jury Trial.
These Terms and all performances and claims of every nature between us al
New York,U.S.A., without regardto any conflictof laws principles thatwould result inthe application of the law ofa differen
submit to the exclusivepersonal jurisdictionand venue of the stateand federalcourts located within the City ofNew York.TF
request a trialby jury.
8. Limitations on Actions. Any action concerning any dispute with respect to the Sitemust be commenced within one year after
cause of actionisbarred.
9. Entire Agreement. These Terms comprise the entire agreement between you and Douglas Elliman with respect to the use oftl
contemporaneous and prioragreements between the parties regarding the subject matter contained herein.
10. /Vo Waiver The failureofany partyto exercise orenforce any rightor provision ofthese Terms, including any failureto act wi
constitute a waiver of such rightor provision or thatparty's rightto actwith respectto subsequent or similar breaches.
11. ThirdParty Vendor Our website and contact center may be staffedby a third partyvendor to support, screen, and answer tell
customer inquiriesabout Douglas Elliman Properties and Agents. Any information collectedis confidentialand isnot shared i
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12. ADDITIONAL OR REQUIRED NOTICES.
1. /votice
Regarding Trademarks. The Siteincludes certain trademarks and service marks owned by Douglas Elliman, LLC, itsal
use these trademarks or service marks inany manner without the express written permission of the owner. You furtheragree
copyright, trademark orother legal noticefrom any Content.
2. /VoticeRegarding Copyrights. Douglas Elliman respects the intellectualproperty rightsofothers and requests that users ofthe
the DigitalMillennium Copyright Act of1998 (DMCA), if youbelieve thatyour work is being used on the Site in away that c
may notify us at Douglas Elliman, LLC, 575 Madison Avenue, Suite 406, New York, NY 10022, Attn: Kenneth I.Haber, Esq
information:
• the electronicor physical signature of theowner of thecopyright or the person authorized to acton the owner's behalf;
• identificationof thecopyrighted work that you claim has been infringed;
• identificationof the materialthat is claimed to be infringingand information reasonably sufficientto permit Douglas Ellim
by providing a URL to the material);
• your name, address, telephone number and email address;
• a statement by you that you have a good faithbeliefthat the disputed use is notauthorized by the copyright owner, itsag
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• a statement that the information inyour notificationisaccurate and a statement, made under penalty of that
perjury, you
authorized to acton the copyright owner's behalf.
Itis our policyto terminate in appropriate circumstances any Account or user for infringement of intellectualproperty rights,i
may access, preserve and disclose tothird partiesany ofyour information ordata (including personally identifiableinformatic
to a writtencomplaint of copyright infringement if we believe inour sole discretionthat such access, preservation, or disclost
otherwise address such complaint.
3. /VoticeofAvailabilityof FilteringSoftware. Minors are not authorized to our
visit Site.We do notbelieve that the Sitecontains
subject of software.
filtering Nevertheless, allusers are hereby informed that parental control protections (such as computer t
are commercially available thatmay assist inlimiting access to materialthat is harmful to minors. A report detailingsome of
http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's InternetProtection Act: Report on the Effectiv(
and Safety Policies).
4. /vo Harvesting or Dictionary Attacks Allowed. We will notgive, sell,orotherwise transferaddresses maintained by us to any (
or
initiating, enabling others to electronic
initiate, mail messages except as authorized by law or appropriate personnel or poli
have such addresses, persons may violatefederal law if they:(1) initiate
the transmission to our computers or devices of a cc
defined inthe U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of thatact;or (2) 2
messages through the provision or selectionof addresses to which the messages willbe transmitted.
5. Equal Housing Opportunity. We are pledged to the letterand spiritofU.S. policyfor theachievement of equal housing oppor1
encourage and support an affirmative advertising and marketing program in which thereare no barrierstoobtaining housing
handicap, familialstatus ornational origin.
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Effective:
January 1, 2011.
NEW YORK CUSTOMERS:
NEW YORK STATE DISCLOSURE FORM FOR BUYERS AND SELLERS
THIS IS NOT A CONTRACT
New York State law requires realestate licensees who are acting as agents of buyers or sellersofproperty to advise the potential
of the nature of their
agency relationship and the rights and obligationsit creates.This disclosure willhelp you to make informed
the realestate broker and itssalesagents.
Throughout the transaction you may receivemore than one disclosure form. The law may require each agent assistinginthe trar
disclosure form. A real estate agent is a person qualifiedto advise about realestate.
If youneed legal,tax orother advice, consult with a professional inthat field.
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
SELLER'S AGENT
A seller'sagent isan agentwho is engaged by a sellerto represent the seller'sinterests.
The seller'sagent does this by securing
and on terms acceptable to the seller.
A seller'sagent has, without limitation,thefollowing fiduciary dutiesto the seller:reasonal
confidentiality,full
disclosure, obedience and duty toaccount. A seller'sagent does not represent the interestsofthe buyer. The c
subject to any specific provisionsset forth inan agreement between the agent and theseller.In dealings with the buyer, a seller':
skilland care inperformance ofthe agent's duties; (b)deal honestly, and
fairly ingood faith;and (c)disclose allfacts known to 1
or desirabilityof property,except as otherwise provided by law.
BUYER'S AGENT
A buyer's agent is an agent who is engaged by a buyer to representthe buyer's interests.The buyer'sagent does this by negotiat
and on terms acceptable to the buyer. A buyer's agent has, withoutlimitation,the followingfiduciary duties tothe buyer: reason.
full
confidentiality, disclosure, obedience and duty to account. A buyer's agent does notrepresent the interestof the seller.
The of
buyer'
subject to any specificprovisions set forthin an agreement between the agent and the buyer. In dealings with the seller,a
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skilland care inperformance of the agent'sduties; (b) dealhonestly, and
fairly in good faith;and (c)disclose allfacts known to1
buyer'sabilityand/or willingness to perform a contractto acquire seller'sproperty thatare not inconsistent with the agent's fiduc
BROKER'S AGENT
A broker's agent is an agent that cooperates or is engaged by a listingagent ora buyer's agent (but does not work for the same fi
agent) to assistthe listingagent or buyer's agent in locatinga property to sellor buy, respectively,forthe listingagent'sselleror t
agent does not have a direct relationshipwith the buyer orsellerand the buyer or sellercan not provide instructions ordirection
buyer and thesellertherefore do not have vicarious for
liability the acts of the broker'sagent. The listingagent or buyer's agent d
the broker's agent and thereforethe listingagent or buyer's agent will have for
liability the acts of the broker'sagent.
DUAL AGENT
A real estatebroker may represent both the buyer and sellerifboth the buyer and sellergivetheir informed consent inwriting. In
agent willnot be able toprovide the fullrange of fiduciaryduties to the buyer and seller.
The obligationsof an agent arealso sub
in an agreement between theagent, and the buyer and seller.
An agent acting as a dual agent must explain carefullyto both the
acting forthe other party as well.The agent should alsoexplain the possible effectsof dual representation, including that by con:
the buyer and sellerare giving up theirrightto undivided loyalty.
A buyer orsellershould carefullyconsider the possible consequ
beforeagreeing to such representation. A selleror buyer may provide advance informed consent to dual agency by indicating the
DUAL AGENT WITH DESIGNATED SALES AGENTS
If thebuyer and seller
provide their informed consent in writing,the principalsand the realestate broker who represents both pa
sales agent to represent the buyer and another sales agent to represent the sellerto negotiatethe purchase and saleof realestate
supervision of the realestatebroker. With the informed consent of the buyer and the seller inwriting, the designated sales agent
buyer'sagent representing the interestsof and advocating on behalf of the buyer and the designated sales agent for thesellerwil
representing the interestsof and advocating on behalf of theseller inthe negotiations between the buyer and seller.A designated
range of fiduciaryduties to the buyeror seller.The designated sales agent must explain thatlikethe dual agent under whose sup
provide undivided loyalty.A buyer or sellershould carefullyconsider the possible consequences of a dual agency relationshipwit
agreeing to such representation. A selleror buyer may provide advance informed consent to dual agency with designated sales aj
form.
This form was provided to me by Douglas Elliman Real Estate, a licensed realestate broker acting inthe of
interest the:
( ) Selleras a (check relationshipbelow) (X) Buyer as a (check relationshipbelow)
( ) Seller's
agent (X) Buyer's agent
( )Broker's agent ( )Broker'sagent
( )Dual agent
( )Dual agent with designated sales agent
If dualagent with designated sales agents isindicated above: is appointed to represent the buyer; and isappointe
transaction.
I/We acknowledge receiptof a copy of thisdisclosure form:
Electronicsignature of {X} Buyer(s) and/or { } Seller(s)
New York State Buyer and SellerDisclosure Form »
NEW YORK CUSTOMERS:
NEW YORK STATE DISCLOSURE FORM FOR LANDLORD AND TENANT
THIS IS NOT A CONTRACT
New York State law requires realestate licensees who are actingas agents oflandlords and tenants ofreal property toadvise the
whom they work of the nature of theiragency relationship and the rights and obligations it creates.
This disclosure willhelp you
relationshipwith the realestate broker and itssalesagents.
Throughout the transaction you may receivemore than one disclosure form. The law may require each agent assistinginthe trar
disclosure form. A real estate agent is a person qualifiedto advise about realestate.
If youneed legal,tax orother advice, consult with a professional inthat field.
https://www.elliman.corn/terms-of-service 8/10
FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018
7/3/2018 Terms of Service| DouglasElliman
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS
LANDLORD'S AGENT
A landlord's agent isan agent who is engaged by a landlord to representthe landlord'sinterest.The landlord's agent does this by
apartment or house at a rentand on terms acceptable tothe landlord.A landlord's agent has, without the
limitation, following fic
reasonable care, undivided loyalty, full
confidentiality, disclosure, obedience and duty toaccount. A landlord'sagent does not rep
obligations of a landlord'sagent are also subject to any specificprovisions set forthin an agreement between the agent and the I
landlord'sagent should (a)exercise reasonable skill
and care inperformance of theagent's duties; (b) deal honestly,fairlyand in
known to the agent materiallyaffecting the value or of
desirability property,except as otherwise provided by law.
TENANT'S AGENT
A tenant's agent isan agentwho is engaged by a tenant torepresent the tenant's interest.
Preview
FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 • EST. 1911 Q© OUg 1 aS E llD Iman REAL ESTATE FIND PROPERTIES NEW DEVELOPMENTS NEIGHBORHOODS AGENTS ABOUT COMMERCIAL Address « Back to PreviousPage | a » Terms of Service TERMS OF SERVICE Terms and Conditions of Use Welcome to Douglas Elliman Real Estate.Through the Douglas Elliman Real Estate website, located atwww.elliman.com, and our "Site" limitationwww.update.elliman.com and www.seniors.elliman.com the (collectively, "Site"),you can browse and search realestate (" Terms" Your use of the Site is subjectto these Terms and Conditions ofUse, which include the Privacy Policy("Terms"). You must agree to "Service" of theservices offeredthrough the Site the (collectively, "Service"). These Terms constitute a binding contract between Douglas Elli "us")and you ("you"). BY USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASI We suggest that you printout a copy of these Terms foryour records. 1. REGISTRATION. 1. Scope of Use. The purpose ofthis Siteis toassist customers and brokers incontacting Douglas Elliman and itsagents concel listingsset forthherein and any other services offered by Douglas Elliman. You represent that you are a prospective purchase inthe geographic areas where Douglas Elliman is licensed and operating with a bona fide interestinthe purchase, sale orlee 2. Registration Required. You must complete the Site registrationprocess to createan account with a user name and password use of the Service. 3. Minimum Age. You must be eighteen (18) years of age or olderto registerforan Account. 4. Password and Identity. You may notshare your password with anyone else.Any use of the Service through your Account will Douglas Elliman is entitled to relyon the contact and other information thatis supplied to us through your Account. Your Acc assignable. 5. Consent to Contact. BY REGISTERING FOR AN ACCOUNT, YOU CONSENT TO RECElVE PERSONALIZED EMAILS, TELEPHC DOUGLAS ELLIMAN. You must always provide accurate, current and complete information to Douglas Elliman forthe Servic( a timely manner to maintain itsaccuracy and completeness. (" 6. Broker Restrictions.Any real estate broker,salesperson, agent, or similarstate licensed realestate professional ("Real Estate / customer must firstenterinto a co-brokerage agreement with Douglas Elliman. We authorize the Real Estate Board of New Yc Service ("RLS") brokers (and each of theirduly authorized representatives) toaccess the Sitefor the purposes of verifyingcon Terms, the Co-Brokerage Agreement between Douglas Elliman and REBNY, orany otherapplicable RLS rulesor policiesor ar estate board that Douglas Elliman subscribes to.We reserve the rightto deny or terminate access toany Real Estate Agent ex Agent is accessing theSite forthe foregoing purposes. No person, including any Real Estate Agent, may market or make com including without limitationadvertisingour property listings, copying our Content forcommercial use, or contacting our custo properties listedon the Site. 7. Acknowledgment of Broker-Consumer Relationship. By agreeing to these Terms, you acknowledge you are entering into a law may be defined under state law. The relationship isnot exclusive and you are not obligatedto work with Douglas Elliman. 8. Market Area. The market area served by the Site includesNew York City, Long Island, Westchester and Hudson County, New https://www.elliman.corn/terms-of-service 1/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 9. /Vo Affiliation With Real Estate Agent. You agree thatyou have not signed any agreement with any Real Estate Agent that wot Elliman as your agent. You do not have a contract or agreement with any third party thatwould interferewith our representat immediately inthe event you enter intoa listingagreement with a Real Estate Agent. Outreach to SellersProhibited. You agree not to contact the owner orsellerof any property from information gained through tl the property or speak with an owner orsellerwithout an appointment set by Douglas Elliman. 10. We Represent Multiple Buyers. You acknowledge and agree that we may alsorepresent other prospective buyers seeking to p meet your purchase criteria. 11. Authorization to Review Documents. You hereby authorize Douglas Elliman to review and provide you with copies of various I estate transaction,including without limitationhome inspection reportsand closing papers. Return to top 2. POSTING CONTENT 0N THE SITE. 1. Content Protected by IntellectualProperty Rights. Any content availablethrough the Site,including applications, software, tex graphics, music, sound clips,images, likenesses, personal information and otherworks of authorship "Content") (collectively, property rights of Douglas Elliman or itslicensors.Allright, title and interestin and to the Siteand any Content willremain th Elliman and itslicensors. 2. Your Warranties Regarding Your Content. You may post to the Siteor otherwise submit to us your Content, including without I listings,feedback regarding the Service,or any other ideas, suggestions, documents or proposals. By submitting your Conten that: a. you own your Content or have sufficientrights inyour Content to grantto Douglas Elliman the rightsdescribed inthese Te b. your Content does not and will not infringethe intellectualproperty rights,privacy,rightsto publicityor any other legalor c. your Content is trueand accurate to the bestof your knowledge; d. your Content does not include confidential or proprietaryinformation; e. if weso choose, we may use and discloseyour Content in any way; and f.we have no obligation to pay or reimburse you for your Content or our use of your Content. 3. Prohibited Content. You must not post tothe Site any Content that, as reasonably determined by Douglas Elliman, is orappe¿ a. untrue, misleading, harmful, threatening,fraudulent, abusive, harassing, defamatory, vulgar, obscene, invasive to another hateful,or racially, morally or otherwise objectionable; b. infringingupon or misappropriating a thirdparty'sintellectualproperty rights,including any patent, trademark, trade secr including any Content that isthe subject ofany claim of infringement or misappropriation; c. ofa type that you do not have a rightto transmit under any law orcontractual or fiduciaryrelationships,such as propriet2 d. information that references personally identifiableinformation, such as address, email address, contact information, or ph e. unsolicited,undisclosed or unauthorized advertising; f.software viruses or any other computer code, files,or programs designed to interrupt,destroy, or limit the functionalityof telecommunications equipment; g. data or information obtained through access that was not authorized by the owner, or thatyou are not authorizedto post; h. inviolation of any applicable local,state,national or internationallaw (including export control,consumer protection, unf, housing and falseadvertising laws). Return to top https://www.elliman.corn/terms-of-service 2/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 3. 0WNERSHIP OF CONTENT; LICENSE. 1. Ownership of Your Content. You retainownership of your rightsin any Content you postto the Site,subject to the non-exclus described inthese Terms. 2. Your License to Douglas Elliman. You hereby grant Douglas Elliman an irrevocable, perpetual, worldwide, royalty-free, freelyt (through unlimited levelsof sublicense),non-exclusive license touse, reproduce, modify, delete,translate, transmit,selland and create derivativeworks of the Content you submit or make availablefor inclusion on or through the Site,and toincorpore any form, media, or technology now known or laterdeveloped without compensation to you. Return to top 4. USER RESTRICTIONS. I.Prohibited Conduct on the Site.You must not do, or attempt to do,any ofthe following, as reasonably determined by Douglas a. access oruse the Site inany way thatis not incompliance with any applicable local,state, nationalor internationallaw ( intellectualproperty rightsor constitutesthe commission of a tort,orfor any purpose that isharmful or unintended (by us these Terms; b. use any Content in violationof any applicable laws, rules or regulations,including without limitationthe rules ofReal Esti New York State Department of State,the New York State Department of Banking, or any listingagency. c. access, tamper with, or use services or areas ofthe Site thatyou are not authorizedto access; d. alterinformation on or obtained from the Site; e. tamper with postings, registrationinformation, submissions profiles, or Content belonging to Douglas Elliman or other use f.use any robot,spider, scraper or otherautomated means or interface not provided by us to access the Site orextract data mail,""spam," email addresses, availablefrom the Siteor transmit any unsolicited advertising,"junk or "chain letters"; g. frame any part of the Site,or linktothe Site, orotherwise make itlook likeyou have a relationship to us orthat we have purpose except as expressly permitted inwriting by Douglas Elliman; h. impersonate or misrepresent your affiliation with any person or entity; i.reverse engineer any licensed software, application,games orany otheraspect ofthe Site ordo anything that might discc circumvent measures employed to prevent or limit access to any area, content or code of the Site; j.send toor otherwise impact us or the Site(or anything or anyone else)with harmful, deceptive illegal, or disruptive code or othercode that could adversely impact the Siteor any recipient;or k.take any action which might impose a significantburden (as determined by us) on the Site's infrastructureor computer s) ordinary operation ofthe Service. 2. Personal Use Only.The Siteis forpersonal use only. You may not reproduce, copy, sellor otherwise exploitthe Siteor any pa any commercial purposes. 3. Listing Services.You acknowledge that the individual services, listing including the residentiallistingservice and the multiple listingdata to the Site,own such data, and you acknowledge the validityoftheir respectivecopyrights to such data. Return to top 5. MONITORING AND PROTECTION OF CONTENT. https://www.elliman.corn/terms-of-service 3/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 1. /VoDuty toMonitor We may provide certainforums on the Sitefor users to postfeedback and opinions regarding the Conten are notobligated to monitor, or restrict filter any Content posted anywhere on the Site.We do not regularlymonitor the accure we reserve the rightto modify orremove any Content at any time. Any Content posted or made available by thirdparties,incI respective author(s) and not of Douglas Elliman. Douglas Elliman neither endorses nor isresponsible forthe accuracy or relia Site. 2. License by Douglas Elliman to You. You must respect the intellectual property laws protecting the Site.Douglas Elliman grant transferable, non-sublicensable, non-exclusive license,under the rights Douglas Elliman has in the Content, to privatelydispl to download and printa single copy thereof, subjectto the restrictions set forthherein. 3. Reservation of Rights.On itsown behalf and the behalfof itslicensors,Douglas Elliman reserves allrights inthe Content, in( granted inthis Section.Douglas Elliman does not inany way grant any other rightsto you. Except as expressly stated in this distribute,modify, publicly perform or display,or prepare derivative works ofany Content, including any software, without pri Elliman or otherthird-partyowner of the rightsinthat Content (ifany). Return to top 6. TERM AND TERMINATION. 1. Term. These Terms shall remain infullforce and effectuntilterminated in accordance with thisSection. 2. Right to Terminate. We may, atany time, terminate your access to the Site,and your Account, for any reason, consistent witt and other laws, including ifwe believein our sole discretionthat you may have violatedthese Terms or have otherwise engage damage the reputation, rights,person, or property ofDouglas Elliman, our users, or any other person. 3. Effect of Termination.Upon termination ofyour Account, your agreement with Douglas Elliman pursuant tothese Terms will2 Site," following provisions survive the termination: Section 2 "Posting Content on the Section 3 "Ownership of Content; Licen: Content," Termination," Indemnification," Protection of Section 6 "Term and Section 8 "Warranty and and Section 11 "Miscell Account or access to the Service is terminated,you may no longer have access tothe Content you posted on the Site.Upon 1 remove and discard your Content from the Site.Douglas Elliman willnot be liableto you or any third party forany terminatio Site. Return to top 7. ADVERTISEMENTS AND 0THER LINKS TO THIRD PARTY SITES. Our Site may contain advertisements and otherlinksto third partyweb sites.The advertisements and other linkedsites are not p control. Consequently, we are not responsibleforthe accuracy, legality, decency, availabilityor content of any advertisement on c contained in a linkedsite,or any changes or updates tosuch sites.We provide the linksto you only as a convenience, and we d product or service advertised, the linkedsite orits use orcontents. You use the linksat your own risk.You hereby irrevocablywa to any such advertisements orthird party sites. Return to top 8. WARRANTY AND INDEMNIFICATION. 1. /Vo Warranty.ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PU IS" BY US ON AN "AS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limitingthe Elliman, itsowners, affiliates, officers, directors,employees, agents, contractors, content or service providers (including listing Group" successors and assigns the (collectively, "Douglas Elliman Group") specificallydisclaim any and allwarranties, express or im but not limited to:(1) any warrantiesconcerning the availability, accuracy, usefulness, or content of or uninterrupted access t https://www.elliman.corn/terms-of-service 4/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 (2) any warranties of title, non-infringement, merchantability or fitnessfora particular purpose. This disclaimer of liability apl by any failureof performance, error,omission, interruption,deletion,defect, delay inoperation or transmission, computer virt. destruction or unauthorized access or alterationof oruse ofrecord in connection with the use oroperation of the Service, wh negligence or any other cause of action. 2. Use At Your Own Risk. Any on listing the Sitemay be updated, changed, modified, withdrawn, sold or rented at any time wit decorations and artistrepresentations are provided for illustrative purposes only.All square footage and dimensions are appro information you have found on the Site,you should independently confirm any factsthat are important to your decision, incIt exact dimensions by retaining the servicesof a professional architector engineer. The information contained on the Site isno may not be accurate, up-to-date or applicable to any particularcase. IF YOU RELY ON ANY INFORMATION, CONTENT OR S SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, CONTENT OR SERVICE FROM THE DOUGLAS ELLIMAN GROUP CAN ACCEPT ANY LIABILITY FOR ANY INACCURACIES OR OMISSIONS IN THIS SITE. 3. Indemnification. By choosing to use the Site,you agree toindemnify, defend and hold harmless the Douglas Elliman Group fl including attorney'sfees, arisingout of or relatedto:(1) Content you choose to submit, post ortransmit through the Site;(2) (3) your violationof these Terms; or (4) your violationof any rightsof another. 4. Limitation of Liability. To the extentpermitted by applicable law, no member of the Douglas Elliman Group shall be liabletoy direct,indirect,incidental,special, punitive or consequential damages arisingout of your access to oruse ofthe Site orany it inabilitytogain access toor use the Site,or any breach of any warranty, even ifDouglas Elliman has been advised of the pos DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND E DISCONTINUE USING THE SITE AND THE SERVICE. Return to top 9. NOTICES AND CONTACT INFORMATION. Except as otherwise provided inthese Terms, Douglas Elliman willgive you any notices,and you hereby authorize Douglas Ellim subpoenas or other legalprocess, if any),via electronicmail to theemail address that we have on record for you. You will be cor when sent by Douglas Elliman viaelectronic mail, whether ornot received by you. Douglas Elliman may provide notice toany er to us.You must keep your address current and any noticesent by Douglas Elliman tothe address thatyou have most recently pr you provide tous must be sent by mail to Douglas Elliman, LLC, 575 Madison Avenue, Suite 406, New York, NY 10022, Attn: Return to top 10. AMENDMENTS. 1. Changes to Terms. Atany time and for any reason, Douglas Elliman may change or update these Terms, which include the P that isincorporated by reference intothese Terms, without notice toyou. Any change or update made by us willbe prospecti recent version of theTerms here. In case of inconsistencies between these Terms and any materials provided off-line,these T( 2. Your Obligation to Stay Current. Itis critical that you keep your email contact information correctand updated with Douglas E encourage you to check back regularly toreview these Terms. 3. Changes to Service.We reserve the rightto modify or discontinue, and or restrict block access to, the Service without notice 1 Content from the Serviceat any time without noticeto you, including removal of Content that we believe to be obscene, lewd harassing, or otherwise objectionable. We are not liablefor any such modification, suspension, discontinuance or removal, at Douglas Elliman's license to yourContent as stated in Section3 above. Return to top 11. MISCELLANEQUS. https://www.elliman.corn/terms-of-service 5/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 1. Agreement to Conduct Transactions Electronically. AIIof your transactions with or through the Site may, at our option,be con( finish.If thelaw allows you to withdraw thisconsent or if weare ever required to deal withyou non-electronically,we reservc and you agree to printor make an electronic copy of theTerms and any othercontract or disclosure that we are required to pl 2. Interpretation.The paragraph headings in these Terms areincluded tohelp make these Terms easier to read and have no bin "include" "including" the words and are meant tobe illustrative and not exhaustive. 3. Third Party Rights. These Terms are forthe sole benefitof Douglas Elliman, our officers,directors,employees, affiliates and a; user ofthe Site, shallhave the righttoassert a claim under these Terms. 4. Severance. If anypart of theTerms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalidor L to the greatestextent possible and the remainder will remain infulleffect,provided that the allocationof risksdescribed inth extent possible. 5. Assignment. These Terms are personal to you and you may nottransfer,assign or delegate them to anyone without the expre Elliman. Any attempt by you to assign,transfer ordelegate these Terms without the express written permission of Douglas Ell Elliman has the rightto transfer,assign and delegate these Terms to one or more thirdparties without your permission. 6. Export Limitations. This Site is controlledby us from our offices inthe United Statesof America and is directed to U.S. users. outside the U.S., you do so atyour own riskand you are responsible for compliance with applicable locallaws. You may not violationof U.S. export laws and regulations or the Terms. 7. Jurisdiction;Choice of Law; Waiver of Jury Trial. These Terms and all performances and claims of every nature between us al New York,U.S.A., without regardto any conflictof laws principles thatwould result inthe application of the law ofa differen submit to the exclusivepersonal jurisdictionand venue of the stateand federalcourts located within the City ofNew York.TF request a trialby jury. 8. Limitations on Actions. Any action concerning any dispute with respect to the Sitemust be commenced within one year after cause of actionisbarred. 9. Entire Agreement. These Terms comprise the entire agreement between you and Douglas Elliman with respect to the use oftl contemporaneous and prioragreements between the parties regarding the subject matter contained herein. 10. /Vo Waiver The failureofany partyto exercise orenforce any rightor provision ofthese Terms, including any failureto act wi constitute a waiver of such rightor provision or thatparty's rightto actwith respectto subsequent or similar breaches. 11. ThirdParty Vendor Our website and contact center may be staffedby a third partyvendor to support, screen, and answer tell customer inquiriesabout Douglas Elliman Properties and Agents. Any information collectedis confidentialand isnot shared i Return to top 12. ADDITIONAL OR REQUIRED NOTICES. 1. /votice Regarding Trademarks. The Siteincludes certain trademarks and service marks owned by Douglas Elliman, LLC, itsal use these trademarks or service marks inany manner without the express written permission of the owner. You furtheragree copyright, trademark orother legal noticefrom any Content. 2. /VoticeRegarding Copyrights. Douglas Elliman respects the intellectualproperty rightsofothers and requests that users ofthe the DigitalMillennium Copyright Act of1998 (DMCA), if youbelieve thatyour work is being used on the Site in away that c may notify us at Douglas Elliman, LLC, 575 Madison Avenue, Suite 406, New York, NY 10022, Attn: Kenneth I.Haber, Esq information: • the electronicor physical signature of theowner of thecopyright or the person authorized to acton the owner's behalf; • identificationof thecopyrighted work that you claim has been infringed; • identificationof the materialthat is claimed to be infringingand information reasonably sufficientto permit Douglas Ellim by providing a URL to the material); • your name, address, telephone number and email address; • a statement by you that you have a good faithbeliefthat the disputed use is notauthorized by the copyright owner, itsag https://www.elliman.corn/terms-of-service 6/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 • a statement that the information inyour notificationisaccurate and a statement, made under penalty of that perjury, you authorized to acton the copyright owner's behalf. Itis our policyto terminate in appropriate circumstances any Account or user for infringement of intellectualproperty rights,i may access, preserve and disclose tothird partiesany ofyour information ordata (including personally identifiableinformatic to a writtencomplaint of copyright infringement if we believe inour sole discretionthat such access, preservation, or disclost otherwise address such complaint. 3. /VoticeofAvailabilityof FilteringSoftware. Minors are not authorized to our visit Site.We do notbelieve that the Sitecontains subject of software. filtering Nevertheless, allusers are hereby informed that parental control protections (such as computer t are commercially available thatmay assist inlimiting access to materialthat is harmful to minors. A report detailingsome of http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's InternetProtection Act: Report on the Effectiv( and Safety Policies). 4. /vo Harvesting or Dictionary Attacks Allowed. We will notgive, sell,orotherwise transferaddresses maintained by us to any ( or initiating, enabling others to electronic initiate, mail messages except as authorized by law or appropriate personnel or poli have such addresses, persons may violatefederal law if they:(1) initiate the transmission to our computers or devices of a cc defined inthe U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of thatact;or (2) 2 messages through the provision or selectionof addresses to which the messages willbe transmitted. 5. Equal Housing Opportunity. We are pledged to the letterand spiritofU.S. policyfor theachievement of equal housing oppor1 encourage and support an affirmative advertising and marketing program in which thereare no barrierstoobtaining housing handicap, familialstatus ornational origin. Return to top Effective: January 1, 2011. NEW YORK CUSTOMERS: NEW YORK STATE DISCLOSURE FORM FOR BUYERS AND SELLERS THIS IS NOT A CONTRACT New York State law requires realestate licensees who are acting as agents of buyers or sellersofproperty to advise the potential of the nature of their agency relationship and the rights and obligationsit creates.This disclosure willhelp you to make informed the realestate broker and itssalesagents. Throughout the transaction you may receivemore than one disclosure form. The law may require each agent assistinginthe trar disclosure form. A real estate agent is a person qualifiedto advise about realestate. If youneed legal,tax orother advice, consult with a professional inthat field. DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS SELLER'S AGENT A seller'sagent isan agentwho is engaged by a sellerto represent the seller'sinterests. The seller'sagent does this by securing and on terms acceptable to the seller. A seller'sagent has, without limitation,thefollowing fiduciary dutiesto the seller:reasonal confidentiality,full disclosure, obedience and duty toaccount. A seller'sagent does not represent the interestsofthe buyer. The c subject to any specific provisionsset forth inan agreement between the agent and theseller.In dealings with the buyer, a seller': skilland care inperformance ofthe agent's duties; (b)deal honestly, and fairly ingood faith;and (c)disclose allfacts known to 1 or desirabilityof property,except as otherwise provided by law. BUYER'S AGENT A buyer's agent is an agent who is engaged by a buyer to representthe buyer's interests.The buyer'sagent does this by negotiat and on terms acceptable to the buyer. A buyer's agent has, withoutlimitation,the followingfiduciary duties tothe buyer: reason. full confidentiality, disclosure, obedience and duty to account. A buyer's agent does notrepresent the interestof the seller. The of buyer' subject to any specificprovisions set forthin an agreement between the agent and the buyer. In dealings with the seller,a https://www.elliman.corn/terms-of-service 7/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 skilland care inperformance of the agent'sduties; (b) dealhonestly, and fairly in good faith;and (c)disclose allfacts known to1 buyer'sabilityand/or willingness to perform a contractto acquire seller'sproperty thatare not inconsistent with the agent's fiduc BROKER'S AGENT A broker's agent is an agent that cooperates or is engaged by a listingagent ora buyer's agent (but does not work for the same fi agent) to assistthe listingagent or buyer's agent in locatinga property to sellor buy, respectively,forthe listingagent'sselleror t agent does not have a direct relationshipwith the buyer orsellerand the buyer or sellercan not provide instructions ordirection buyer and thesellertherefore do not have vicarious for liability the acts of the broker'sagent. The listingagent or buyer's agent d the broker's agent and thereforethe listingagent or buyer's agent will have for liability the acts of the broker'sagent. DUAL AGENT A real estatebroker may represent both the buyer and sellerifboth the buyer and sellergivetheir informed consent inwriting. In agent willnot be able toprovide the fullrange of fiduciaryduties to the buyer and seller. The obligationsof an agent arealso sub in an agreement between theagent, and the buyer and seller. An agent acting as a dual agent must explain carefullyto both the acting forthe other party as well.The agent should alsoexplain the possible effectsof dual representation, including that by con: the buyer and sellerare giving up theirrightto undivided loyalty. A buyer orsellershould carefullyconsider the possible consequ beforeagreeing to such representation. A selleror buyer may provide advance informed consent to dual agency by indicating the DUAL AGENT WITH DESIGNATED SALES AGENTS If thebuyer and seller provide their informed consent in writing,the principalsand the realestate broker who represents both pa sales agent to represent the buyer and another sales agent to represent the sellerto negotiatethe purchase and saleof realestate supervision of the realestatebroker. With the informed consent of the buyer and the seller inwriting, the designated sales agent buyer'sagent representing the interestsof and advocating on behalf of the buyer and the designated sales agent for thesellerwil representing the interestsof and advocating on behalf of theseller inthe negotiations between the buyer and seller.A designated range of fiduciaryduties to the buyeror seller.The designated sales agent must explain thatlikethe dual agent under whose sup provide undivided loyalty.A buyer or sellershould carefullyconsider the possible consequences of a dual agency relationshipwit agreeing to such representation. A selleror buyer may provide advance informed consent to dual agency with designated sales aj form. This form was provided to me by Douglas Elliman Real Estate, a licensed realestate broker acting inthe of interest the: ( ) Selleras a (check relationshipbelow) (X) Buyer as a (check relationshipbelow) ( ) Seller's agent (X) Buyer's agent ( )Broker's agent ( )Broker'sagent ( )Dual agent ( )Dual agent with designated sales agent If dualagent with designated sales agents isindicated above: is appointed to represent the buyer; and isappointe transaction. I/We acknowledge receiptof a copy of thisdisclosure form: Electronicsignature of {X} Buyer(s) and/or { } Seller(s) New York State Buyer and SellerDisclosure Form » NEW YORK CUSTOMERS: NEW YORK STATE DISCLOSURE FORM FOR LANDLORD AND TENANT THIS IS NOT A CONTRACT New York State law requires realestate licensees who are actingas agents oflandlords and tenants ofreal property toadvise the whom they work of the nature of theiragency relationship and the rights and obligations it creates. This disclosure willhelp you relationshipwith the realestate broker and itssalesagents. Throughout the transaction you may receivemore than one disclosure form. The law may require each agent assistinginthe trar disclosure form. A real estate agent is a person qualifiedto advise about realestate. If youneed legal,tax orother advice, consult with a professional inthat field. https://www.elliman.corn/terms-of-service 8/10 FILED: WESTCHESTER COUNTY CLERK 07/14/2018 08:37 PM INDEX NO. 60767/2018 7/3/2018 Terms of Service| DouglasElliman NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 07/14/2018 DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS LANDLORD'S AGENT A landlord's agent isan agent who is engaged by a landlord to representthe landlord'sinterest.The landlord's agent does this by apartment or house at a rentand on terms acceptable tothe landlord.A landlord's agent has, without the limitation, following fic reasonable care, undivided loyalty, full confidentiality, disclosure, obedience and duty toaccount. A landlord'sagent does not rep obligations of a landlord'sagent are also subject to any specificprovisions set forthin an agreement between the agent and the I landlord'sagent should (a)exercise reasonable skill and care inperformance of theagent's duties; (b) deal honestly,fairlyand in known to the agent materiallyaffecting the value or of desirability property,except as otherwise provided by law. TENANT'S AGENT A tenant's agent isan agentwho is engaged by a tenant torepresent the tenant's interest.