Last Modified: October 2020
Welcome to the Engel & Völkers website.
ACCESSING A WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend any Website, and any service or material we provide on such Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to a Website.
To access a Website or some of the resources it offers, you may be asked to provide certain contact, registration details and/or other information from time to time which, depending on the services used, may include, but not be limited to, (i) for all users - name, telephone number, email address, (ii) for sellers and lessors of real estate – address of applicable real estate, detailed descriptions of the premises, price, down payment, rental terms and other similar information; and (iii) with respect to buyers and lessees of real estate - home address and other additional contact information, timing requirements, search parameters, descriptions of premises desired and any User Contributions.
It is a condition of your use of a Website that all the information you provide on the Website is correct, current, and complete.
If you choose or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
LINKS FROM A WEBSITE
A Website may contain links to other websites, applications, services, and resources provided by or maintained by third parties (“Third Party Sites”). These links are provided for your convenience only. These links include links contained in advertisements, including banner advertisements and sponsored links. The use of links to Third Party Sites does not constitute or imply any affiliation with any of the Third Party Sites or the owners thereof, and we do not endorse any such Third Party Sites. We have no control over the contents of those Third Party Sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third-Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.
INTELLECTUAL PROPERTY RIGHTS
The Websites and each of their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Engel & Völkers, its Licensees, licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- To the extent we link to social media networks in connection with the Website, e.g., Facebook, Google +, Pinterest, Twitter, LinkedIn, and other social media networks, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from a Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Website.
- In any way that violates any applicable federal, state, provincial, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Engel & Völkers, an Engel & Völkers employee, an Engel & Völkers Licensee, franchisee or broker, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of a Website, or which, as determined by us, may harm Engel & Völkers or users of a Website or expose them to liability.
Additionally, you agree not to:
- Use a Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider or other automatic devices, process or means to access a Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on a Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of a Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of a Website, the server on which a Website is stored, or any server, computer or database connected to a Website.
- Attack a Website via a denial-of-service attack or a distributed denial-of-service attack.
The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, notes pages, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through a Website.
All User Contributions must comply with the Content Standards.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on a Website, you grant us and our affiliates, licensees, franchisees, and service providers, and each of their and our respective licensees, franchisees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and service providers, and each of their and our respective licensees, franchisees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Engel & Völkers or any Engel & Völkers Constituents, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
MONITORING AND ENFORCEMENT; RIGHT TO TERMINATE
We have the right to:
- Remove or refuse to post or retain any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of a Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through a Website. YOU WAIVE AND HOLD HARMLESS ENGEL & VÖLKERS AND ENGEL & VÖLKERS CONSTITUENTS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, provincial, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
RELIANCE ON INFORMATION POSTED
The information presented on or through a Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to a Website, or by anyone who may be informed of any of its contents.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NEITHER WE, NOR ANY ENGEL & VÖLKERS CONSTITUENT WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF A WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. EACH WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENGEL & VÖLKERS OR ANY LICENSEE, NOR ANY PERSON ASSOCIATED WITH ENGEL & VÖLKERS OR ANY LICENSEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY WEBSITE. ENGEL & VÖLKERS AND EACH OF THE ENGEL & VÖLKERS CONSTITUENTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION TO AND NOT IN LIMITATION OF ANY OF THE FOREGOING, NEITHER ENGEL & VÖLKERS OR ANY ENGEL & VÖLKERS CONSTITUENT NOR ANYONE ASSOCIATED WITH ENGEL & VÖLKERS OR ANY ENGEL & VÖLKERS CONSTITUENT, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ENGEL & VÖLKERS, ITS ENGEL & VÖLKERS CONSTITUENT, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, A WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ENGEL & VÖLKERS OR AN ENGEL & VÖLKERS CONSTITUENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW AND JURISDICTION
LIMITATION ON TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
Engel & Völkers Americas, Inc.
430 Park Avenue 11th Floor
New York, New York 10022
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to email@example.com.