The agreement (this "agreement") is a legal agreement between you and Neptune Associates LLC ("Neptune Associates") and Neptune Associates Realty LLC ("Neptune Realty") (Neptune Associates and Neptune Realty, collectively "Neptune"), providing, among other things, the terms and conditions for your use of Neptune's website accessible at http://www.neptuneassoc.com and http://www.neptuneassociates.com (in either case, the or this "site"). By using this site, you agree to be bound by this agreement as more particularly set forth below.

 

1. Acknowledgement. You are responsible for reviewing and becoming familiar with the terms of use and conditions of this agreement, as same may be amended from time to time. By using this site, you acknowledge and agree that (i) you have read and understand the terms of use and conditions of this agreement and that you agree to be bound by the terms, provisions and conditions set forth herein, as same may be amended from time to time and (ii) the disclaimer, limitation of liability and indemnification provisions set forth in the terms of use and conditions of this agreement are an agreed upon allocation of risk and form an essential part of your agreement of use of this site. If you do not agree to be so bound, you are directed to discontinue use of this site immediately. All information is from sources deemed reliable but is subject to errors, omissions, change of price, prior sale, prior rental or withdrawal without notice. No representation is made as to accuracy of any description. All measurements and square footage are approximations and all information should be confirmed by the user. All rights to content, photographs and graphics are reserved to Neptune.

 

2. Disclaimer. This site and its contents and the third party sites and their contents, if any, are provided on a strictly "as is" and "as available" basis and without warranties or representations of any kind, express or implied. Neptune specifically disclaims all representations and warranties, express, implied or otherwise, including, without limitation, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and any warranties as to results that may be obtained through the use of this site. Neptune does not warrant that the functions contained in the materials furnished on this site or any third party site will be uninterrupted or error-free, that defects or errors will be corrected or that this site or any third party site, as the case may be, will be available, free of viruses or other harmful components. Neptune further disclaims any representation or warranty that the content of this site or any third party site is timely, accurate, correct or reliable. Your use of this site is solely at your own risk. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.

 

3. No Relationship. The use of this site or any third party site shall not constitute any relationship, business or otherwise, between you and Neptune. This site and its contents (i) is for informational purposes only and does not constitute legal, tax or other advice, and (ii) is not intended to create, and your receipt and/or use of such content does not create, a lawyer-client relationship or an agency or broker relationship between Neptune and you or any prospective landlord, tenant, buyer, seller and/or any other third party. Any e-mail or other communications sent from you to Neptune through this site will not be treated as confidential.

 

4. Restrictions on Use. This site may contain material which is derived in whole or in part from other sources. The material on this site and the third party sites may be protected by national and international copyright, trademark and similar laws. You may not modify, copy, reproduce, republish, upload, post, transmit, disseminate, sell or distribute in any way any material from this site, including, without limitation, code and software. Printing of any materials from this site is strictly limited to personal, non-commercial use. You shall have no rights to the proprietary software and related documentation or any enhancements or modifications thereto that permit you to access this site.

 

5. Limitation on Liability. Under all circumstances, including, without limitation, negligence and strict product liability, your use of this site and any third party site is solely at your own risk. Neptune shall not be liable for any direct, indirect, consequential, incidental, special, punitive or other damages (whether liability is asserted in contract, tort or otherwise), costs or expenses including, without limitation, lost profits, lost data, loss of good-will, loss of or damage to property or claims of third parties arising out of, in connection with, or relating to, your use of this site or any third party site. Should you be dissatisfied with this site or the content hereof and/or any third party site and the content thereof for any reason or no reason, your sole and exclusive remedy is to discontinue use of such sites. To the extent permitted by applicable law, the foregoing remedy shall apply even if Neptune knew or should have known of the possibility of damages to you by use of this site or any third party site.

 

6. Links. Links provided on this site to third party sites are provided solely as a convenience to you and the provision of a link to any third party site does not constitute an endorsement by Neptune of such third party site or its provider or any of the content, products or services contained or offered in such third party site. Neptune makes no representation or warranty, express, implied or otherwise, concerning the accuracy, availability or lawfulness of any linked site. The link to a third party site is provided for reference and as a citation and is not intended to state or imply that Neptune is affiliated, associated with, or legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol or material contained in the link. Trademarks and logos appearing on this site, if any, are the property of the owners of such marks and logos.

 

7. Copyrighted Materials. If you believe that a copyright has been infringed upon through this site, please provide Neptune with written, signed, notification by certified mail addressed to "Privacy Policy Officer" at the address set forth below. Your notification must include the following information: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of such copyrighted material sufficient to enable Neptune to locate such material; (iii) information sufficient to enable Neptune to contact the owner of the such copyrighted material; (iv) a statement that the use of the material is not permitted or authorized by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury. Notification that fails to comply substantially with the foregoing will not constitute knowledge or awareness as to any alleged infringement.

 

8. Indemnification. You shall defend, indemnify and hold Neptune, its affiliates and Neptune's and its affiliates' respective shareholders, directors, officers, members, managers, direct and indirect owners, employees and/or agents harmless from and against any and all claims, costs and expenses including, without limitation, attorneys' fees and disbursements incurred by Neptune, its affiliates and Neptune's and its affiliates' respective shareholders, directors, officers, employees and/or agents relating to your use of this site or any third party sites.

 

9. Choice of Law. Your use of this site shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws provisions. Venue in any action or proceeding shall be in the State and City of New York and County of Kings, New York. If any provision or portion thereof set forth in the terms of use and conditions of this agreement shall be found to be unlawful, void or, for any other reason, unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. To the extent permitted by applicable law, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with, or relating to this site and/or the terms of use and conditions of this agreement, must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.

 

10. Privacy Policy.

 

a. Information Neptune collects. To better serve site visitors, Neptune collects two basic types of information:

 

            i. Personally identifiable information: This is information that personally identifies one individual from another (for example, names, e-mail addresses and other contact information). This information is voluntarily provided to us by Neptune's site visitors and is used by us for the purpose of addressing requests or inquiries or processing requests for availability on property listings.

            ii. Aggregate user and tracking information: This information gives us insights on how Neptune's site visitors use the site. This data is anonymous and does not contain any personally identifiable information. We use this information to ensure that the site, e-mails and marketing efforts continue to appeal to Neptune's site visitors.

 

b. Information you voluntarily provide to Neptune. Neptune only collects personally identifiable information that you voluntarily provide. Examples of such personally identifiable information that you provide to us may include, among other information, your name, physical address, email address, phone number and website user name. Neptune only requires personally identifiable information from you when it is needed to complete your request for information, a service request or availability of a listing.

 

c. Other information Neptune collects. When you visit the site, we may automatically collect some information about your visit using cookies, log analysis software and other aggregate tracking technologies. If you wish, you may set your browser to refuse cookies. However, by refusing to accept a cookie, you may not be able to access some pages or use some of the functions of this site. Some Neptune cookie files remain on your computer's hard drive unless and until you manually delete the file. Neptune cookie files do not contain personally identifiable information or track an individual users' movement through this site.

 

d. How Neptune uses the information we collect. Neptune will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law, in accordance with your instructions, or as identified in this privacy policy.

 

e. Personally identifiable information. Neptune may use your information, including personally identifiable information, for business purposes including, without limitation, for the following business purposes:

 

            i. To improve the quality of your Neptune site visit.

            ii. To send marketing communications and informational newsletters that you have requested, opted-in to or otherwise agreed to receive.

            iii. To process a rental application or sale or to address requests or inquiries or processing requests for availability on property listings.

 

f. Also, Neptune may use your information, including personally identifiable information, as follows:

 

            i. In the event Neptune, or substantially all of its assets were acquired, or in the unlikely event that Neptune goes out of business or enters bankruptcy, website user information, including personally identifiable information, would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquiror of Neptune or any of its assets may continue to use your personally identifiable information as set forth in this policy.

            ii. Neptune may preserve and has the right to disclose any information about you or your use of this site without your prior permission if Neptune has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of Neptune or its partners, employees, affiliates, other users of the site, or the public; (b) enforce the terms of use and conditions for this agreement for the site; or (c) respond to claims that any content violates the rights of third parties or is otherwise unlawful. We may also disclose information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.

            iii. We may share any information you submit to us when we have your consent to do so, or when we need to share it in order to provide the information or service you requested.

 

g. Non-personally identifiable information. Neptune may use your non-personally identifiable information it collects during your site visit or during your interaction with Neptune's e-mails for other purposes including without limitation, the following:

 

            i. To better monitor in aggregate the effectiveness of Neptune's online and offline advertising and marketing campaigns.

            ii. To better monitor in aggregate how visitors are using this site.

            iii. To ensure that the site and e-mails continue to provide relevant content that is interesting and useful to Neptune's visitors.

            iv. To uncover and diagnose problems with this site and servers.

            v. For day-to-day system administration needs.

 

h. What you will receive from Neptune. We only want to send you communications and information that you expect to receive or that you have requested or to address requests or inquiries or processing requests for availability on property listings.

 

i. How Neptune protects your information. Neptune understands that the safety of your personal information is extremely important to you. Accordingly, Neptune uses both electronic and other measures to keep your information protected from unauthorized access. Due to the nature of the Internet and related technology, we cannot guarantee the security of your personal information and Neptune expressly disclaims any such obligation.

 

j. About this policy. Neptune reserves the right to change, alter or modify this policy for any reason at any time without notice to you. When we do so, changes in Neptune's privacy policy will be posted on this site and will be effective immediately. If you are a regular visitor to this site, we recommend that you check this privacy policy on a regular basis.

 

k. Policies for Users of the Site Under Age 18. The site is not intended for use by individuals under 18 years of age. Users under the age of 18 should get the permission of a parent or guardian to use the Neptune site. Neptune does not knowingly collect or maintain personal information from children under the age of 18 at this site.

 

l. External links. The Neptune site may include links to other websites whose privacy policies we do not control. Once you leave this site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting.

 

11. Headings/Termination of Agreement. The section headings provided in the terms of use and conditions of this agreement are provided for reference purposes only and have no legal significance. The provisions of the terms of use and conditions of this agreement shall survive the expiration or termination of this agreement and your use of this site.

 

12. Contact Us. You may contact Neptune with questions about the terms of use and conditions of this agreement, including Neptune's privacy policy, by emailing Neptune by clicking on the "Contact Us" tab on this site and following the instructions to email Neptune. Neptune's mailing address is as follows: 2681 East 14th Street, Brooklyn, NY 11235.