Thank you for choosing to use the services of Cityfeet.com, Inc ("Cityfeet"). Cityfeet allows property owners/owner's agents to market their properties by providing detailed listing information to prospective tenants and investors online at the Cityfeet website. Prospective tenants then query the Listing Database via the Quick Search and/or Extended Search functions, and receive detailed descriptive and contact information for listings meeting their search parameters. The Cityfeet Space Watch feature also allows prospective tenants and investors to receive constant updates of new listings that meet their search parameters but enter the Cityfeet database after they have left the site. The Listing Database is searchable throughout our network of partner websites, which includes major newspapers, Yahoo! Real Estate, and various real estate industry-related websites.
The following are the terms and conditions for the submission of information to, and use of, the Cityfeet website service (the "Service"). Please read them carefully. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE CITYFEET TERMS OF SERVICE ("TOS") BELOW.
SUBMISSION AND MAINTENANCE OF LISTINGS
[IF POSTING LISTINGS] Customer shall not submit any property descriptions, photographs, financial, contact or other information ("Listings") to the Cityfeet site unless (i) Customer has received all necessary rights and authorizations, including without limitation from the owner of the property listed, any necessary agents or brokers, the author of the Listing, including the photographer and/or copyright owner of any photographs, as applicable, to publish and advertise the Listing as part of the Service and allow the Listing to be accessed, downloaded and copied by users of the Service; and (ii) the Listing is accurate and Customer agrees to administer the Listing and maintain its accuracy at all times. Customer represents, warrants and covenants that the foregoing is correct at the time of submission and will remain correct as long as the Listing is used in connection with the Service. Cityfeet allows Listings to be verified in the Member Account thus moving a Listing to the top of the search results. Customer agrees that this feature shall only be exercised every 72 hours. Cityfeet uses the term month throughout the website to refer to a listing period. This period, for consistency, is a 30 consecutive day period, regardless of the actual number of days in the particular month a listing is posted.
PAYMENT FOR LISTINGS
[IF POSTING LISTINGS] Customer shall be billed, via credit card information that has been submitted at the Cityfeet website, each and every 30-day period for each listing until Customer has notified Cityfeet that he/she wishes to terminate the posting of such listing(s) on the Cityfeet website. You have up to 72 hours to cancel and request a refund for listings that have been automatically renewed. No refunds will be given after that time. You MUST cancel your listings in your listings management account. Phone and email cancellations are not accepted. Customer shall receive a reminder for each new 30-day billing period 3 days before such billing occurs, providing Customer with ample opportunity to cancel Listing(s) before the billing process occurs.
DISCLAIMER OF WARRANTIES
Cityfeet or any of its Network Partners ("Partners") do not represent or warrant that the Service and all information, text, graphics, images, hyperlinks and other material available on or through the service (the "Materials") will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. Cityfeet and its Partners do not warrant or represent that the use or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise. Listing information provided by Cityfeet should be used solely to obtain information from which further evaluation and investigation may commence. Cityfeet's service includes links to content from third parties. Cityfeet and its Partners do not control in any respect any information, products or services offered by these third parties. The materials available through Cityfeet and any third party are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied. To the fullest extent permitted by applicable law, Cityfeet and its Partners expressly disclaim all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall Cityfeet or its Partners be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the Service, any changes to the Service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Cityfeet and its Partners are not responsible or liable for any illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the Service, the Materials available on or through the Service, or with any of Cityfeet's or its Partners's terms and conditions, your sole and exclusive remedy is to discontinue using the service.
LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH CASE SOME OR ALL OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU. IF PERMITTED BY LAW, CITYFEET'S AND ITS PARTNERS' LIABILITY IS LIMITED TO RESUPPLYING THE SERVICE.
INDEMNIFICATION
You agree to indemnify and hold Cityfeet/Partners and their respective officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys fees, asserted by any third party due to or arising out of your use of or conduct on the Service.
TERMINATION
Cityfeet or its Partners may terminate the Service with or without cause at any time and effective immediately. In addition, Cityfeet, in its sole discretion, may terminate your account for violation of the letter or spirit of the TOS. If you wish to terminate your account, your only recourse is to discontinue use of the account. In addition, Cityfeet may terminate your account for inactivity, which is defined as failing to log into the Service for an extended period of time, as determined by Cityfeet. Upon termination of the Service, your right to use the Service immediately ceases. Cityfeet and its Partners shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. Cityfeet and its Partners have the right but not the obligation to remove any user postings in its sole discretion.
PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained information presented to you by Cityfeet or Cityfeet's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, display, perform, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software, except as authorized under the TOS.
MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
Cityfeet reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on the Cityfeet website.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
[IF LISTING PROPERTY]
To open a Cityfeet account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a username and password and. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Cityfeet immediately of any unauthorized use of your account or any other breach of security.
OTHER RIGHTS OF CITYFEET
[If LISTING PROPERTY]
You agree that Cityfeet shall have the right to use Listings and other information submitted to it for any purpose, without payment of any kind to you, including without limitation for publication of all or part of such Listing on the world wide web, in print publications, or in any other format. Cityfeet shall have sole authority to choose the manner in which any Listing will be received, displayed and used, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Cityfeet and its Partners shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.
USER CONDUCT
Any unauthorized commercial use of the Service, including solicitation of property listers on the Cityfeet website for services unrelated to leasing or purchasing property by or on behalf of a specific tenant or investor, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:
A. attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
B. interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
LAWS
The TOS shall be governed by and construed in accordance with applicable New York State law and the laws of the United States of America, excluding their conflict of law provisions. You and Cityfeet agree to submit to the exclusive jurisdiction of the courts located in the applicable counties and states. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Cityfeet's and/or its Partner's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cityfeet or its Partners (as appropriate) in writing. You and Cityfeet and its Partners agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.