Welcome to Loftey.com, the Loftey LLC web site. Loftey LLC (“Broker” or “we”) provides the website (the “Web Site”) and related services to you (“User”), subject to the following Terms and Conditions of use (“Terms and Conditions”). If you have any questions or comments, we are always listening at team@loftey.com.

The Terms of Use
This Agreement sets forth the terms and conditions that apply to your access and use of the Web Site. By accessing and using Loftey’s Web Site and services you agree to be bound by the terms and conditions of this Agreement, as it may be amended from time to time in the future (see “Modifications” below).

Accepting The Terms of Use
By using Loftey’s Web Site and/or any of its services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse our Web Site without registering) or you are a “Member” (which means that you have registered to create an account with Loftey). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to Loftey. You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Loftey. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.

Description of the Service
As discussed in the Why Loftey? section of our Web Site, we will provide a lower effective rent if you rent any New York City apartment with Loftey and we receive the full fee on your apartment. Fees paid to NYC brokerage firms are sometimes paid by clients like you; sometimes fees are paid by landlords or their representatives; sometimes clients and landlords or their representatives each pay a portion of the fee. Regardless of who pays, brokers fees often total several thousand dollars.

Unlike other brokers that keep the entire fee as profit, when you rent any New York City apartment through Loftey and Loftey receives the full fee (from whatever source or combination of sources), we return a portion of the fee to you by writing you a check for a portion of the fee, thereby providing you a lower net effective rent. You are only eligible for the reduction in net effective rent if we receive the full fee on your apartment (“eligible apartment”).

To be clear: Loftey does not contract with landlords or their representatives to provide you a lower monthly rent; instead, for eligible apartments, we offer to lower the net effective rent on your apartment by writing you a check for a portion of the fee. Thus, if you rent an eligible apartment though Loftey, your lease and related paperwork will state that your monthly rent is greater than the net effective rent advertised by Loftey. For example, if Loftey receives a full fee on your apartment and you elect to receive the lower effective rent instead, your lease and related documents may state that your rent is $3,000.00 per month, but Loftey may advertise the net effective rent as a lesser amount, such as $2,975.00 per month—and in this example, the $25 per month reduction in net effective rent is achieved by Loftey writing you a check in the amount of $300.00.

The offer to lower effective rent with respect to any specific apartment listed on our Web Site is subject to change at any time. We strive to include only accurate, up-to-date information for the apartments listed on our website; however, it is common for buildings to have inaccurate and/or expired advertisements stating that they pay fees when they actually do not. Thus, even if an apartment is listed on our website, we cannot guarantee that the apartment will be eligible for the lower effective rent.

Copyright
All content on this Web Site, including sales and rental listings, text, graphics, photographs, logos, images, audio clips, video clips, digital downloads, and data compilations (the “Content”) is the property of Broker or its third party content suppliers and licensors and is protected by United States and international copyright laws. All software used on this site is the property of Broker or its software suppliers and is protected by United States and international copyright laws.

Scope Of Use
This Web Site and its Content, including the rental and sales listings on it (the “Listings”), is solely intended to assist individual customers and real estate brokers in contacting Broker and its agents concerning Listings and other services of Broker. You may not contact a Listing’s owner directly. You may not sell, copy, distribute, license, transfer, publish, display, link to another website, transmit, download, store, post, enter into a database or in any way exploit the Content, including the Listings, in whole or in part. No person, including without limitation any real estate broker or real estate professional, may market or make commercial use of Broker’s Listings or Content in any way, including without limitation, advertising Broker’s Listings, copying Broker’s Listings for its own commercial use or use on other websites or in marketing materials, or contacting directly Broker’s customers or Listings’ owners. Any real estate broker who uses an individual Listing for its customer must first enter into Co-Brokerage Agreement or Referral Agreement with Broker. No one may use any Content or Listing in violation of the rules of Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any other federal, state, or local law or regulation. Any such improper action is expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the full extent of the law.

No Warranties
All information on the Web Site is provide to Users on an “as is”, “as available”, and “believed accurate” basis without warranty of any kind either express or implied, including but not limited to the implied warranties merchantability, fitness for a particular purpose, non-infringement or availability. All information is subject to errors, or change or withdrawal without notice.

Broker does not warrant or make representations regarding the results that may be obtained by using the Web Site or as to the reliability, accuracy or currency of any information, content or service acquired by use of the Web Site. Listings may be withdrawn from the market at any time and are subject to errors, omissions, and prior sale or rental without notice. Broker does not warrant that the Web Site, its servers, or e-mail transmitted by Broker is free of viruses or other harmful components.

Content may be updated, changed, modified, or withdrawn at any time. Use of the Web Site and the Content is at your sole risk. Neither Broker, the Content providers, or any person involved in the creation, production, distribution of this Web Site warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components.

Limitation of Liability
Broker, its directors, officers, employees, agents, vendors, and suppliers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Web Site or the Listings, even if Broker has been advised of the possibility of such damages.

Indemnification
You agree to indemnify, defend and hold harmless Broker, its officers, directors, employees, affiliates, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these Terms and Conditions.

Third Party Rights
These Terms and Conditions are for the sole benefit of Broker, its officers, directors, employees, affiliates, and agents. No other person, including any user of the Web Site, shall have the right to assert a claim under these Terms and Conditions.

Modifications to Terms of Use and Content
Broker reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using this Web Site after Broker has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms and Conditions. In addition, Broker reserves the right to make improvements and/or changes in the Content of the Web Site at any time.

Violations of Terms and Conditions of Use
Broker reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in the Web Site, including the right to block access from a particular Internet address to the Web Site.

Linked Internet Sites
As a customer service, Broker may offers links to other sites. Broker does not assume any responsibility for those sites or their privacy policies and provides those links solely for convenience of Broker’s visitors. If you link to any other sites, you must do so at your own risk and may rely only on their terms and conditions and privacy policies. The inclusion of any link does not imply a recommendation or endorsement by Broker of the linked site.

Termination
We may terminate your access to all or any part of the Web Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your User account, you may do so by following the instructions on the Web Site or contacting the Company. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability, and Arbitration.

Governing Law and Forum for Disputes
This Agreement, and your relationship with Loftey under this Agreement, shall be governed by the laws of the State of New York in the United States of America without regard to its conflict or choice of laws provisions. Any dispute with Loftey, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the courts of the State of New York within the county of New York, New York, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Loftey may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Loftey is able to offer the Service at the terms designated, with little or no charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Loftey, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Loftey does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Loftey has the benefit of under any applicable law), this will not be taken to be a formal waiver of Loftey’s rights and that those rights or remedies will still be available to Loftey.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.