Fairstead Terms & Conditions

Last Updated: September, 2020

Welcome to www.fairstead.com, a website (the “Website”) provided by Fairstead and/or one of its divisions, affiliates, subsidiaries, or joint ventures (“Fairstead”, “we”, “our” or “us”). YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.

Accessibility

If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at (212) 798-4080. Our hours of operations are: Monday – Friday: 9-6 p.m.; closed on Saturday and Sunday.

Registration

You may use the Website without registration, but in order to take advantage of some aspects of the Website, such as paying for your property charges, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your access at any time with or without notice.

Authorized Use of Website

This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Company.

Unauthorized Use of Website

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

Properties

Nothing in these Terms and Conditions amends or alters any contracts, leases or other agreements with Company with respect to any real estate properties.

Property Rights

Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials, such as certain third party licensors. By using the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Company.

Third Party Links

This Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.

Changes

All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Indemnification

You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms and Conditions or (iii) any violation of applicable law.

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

Governing Law

The laws of the State of New York shall govern these Terms and Conditions. Each party consents to the exclusive jurisdiction and venue of the courts located in New York County, New York for all matters.

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporate herein by reference.

Questions

Should you have any questions regarding these Terms and Conditions you may contact us at (212) 798-4080.