This Terms of Use agreement (“Terms of Use” is a legal agreement between Gemini Residential, LLC (“Gemini,” “we,” or “us”) and you, as a user of this website (“Site”). This Terms of Use applies to all websites on which the Site is posted or is linked. By accessing information on this Site, you acknowledge that you have read, understand and agree to comply with the terms and conditions stated within this Terms of Use. Gemini provides this Site subject to your compliance with this Terms of Use. Please read the following information carefully prior to using the Site. If you do not agree to abide by these Terms of Use, do not access the Site. Your use of the Site constitutes your binding acceptance of this Terms of Use, including any modifications that we may make to them.

You may not modify, publish, transmit, participate in the transfer or sale of, or in any way exploit any of the materials or content on our Site without our express written permission.

Our Site contains content that we create as well as content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the content on our Site, and you should not rely on any of this content.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: restrict, suspend, or terminate your access to all or any part of our services; change, suspend, or discontinue all or any part of our services; refuse, move, or remove any content or information that is available on our Site or that has been provided by you to us or our agents; or establish general practices and limits concerning use of our Site. We will not be liable to you or any third party for taking any of these actions.

All of the information that we collect from you on or through the Site, such as registration and credit card information, is subject to our privacy policy contained on this Site.

Unauthorized access to our Site is a breach of these Terms of Use and a violation of the law. You agree not to access our Site by any means other than through the interface that is provided by us for use in accessing our Site. You agree not to use any automated means, including, among others, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Site, except those automated means that we have approved in advance and in writing.

Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions: transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, any software or hardware, or telecommunications equipment; download any file that you know or reasonably should know cannot be legally obtained in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; collect or store personal information about other end users; interfere with or disrupt our Site, servers, or networks; forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site; or take any action that imposes a large load on our infrastructure.

We disclaim any responsibility for any harm resulting from downloading or accessing the Site.

WE MAKE NO WARRANTIES AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT IS DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTY THAT (1) OUR SITE WILL MEET YOUR REQUIREMENTS, (2) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, OR (5) ANY ERRORS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL IMAGES ARE A COMBINATION OF PHOTOGRAPHY AND ARTIST RENDERINGS. THE ARTIST REPRESENTATIONS AND INTERIOR DECORATIONS AND FURNISHINGS ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY. PRICES ARE SUBJECT TO CHANGE.

You agree, at your expense, to indemnify, defend and hold harmless Gemini, its property manager, and their respective officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including, among others, reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your breach of this Terms of Use or in connection with your use of this Site or any product or service related thereto.

You acknowledge and consent that such notices will be effective upon our posting them on our Site.

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Site are the property of Gemini, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without our prior written permission. The use of Gemini Marks on any other web site, without authorization, is prohibited.

The Site may contain links to third-party websites that are not controlled by Gemini. Gemini makes no representations whatsoever about any other website to which you may have access through the Site. When you access another website, you do so at your own risk and acknowledge that Gemini is not responsible or liable for any content, advertising, products or other materials available from such third party sites. You also agree that Gemini is not liable for any loss or damage of any sort incurred as the result of using any third party’s website. Mention of third-party companies and websites on the Site is for informational purposes only and does not constitute an endorsement or recommendation.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

This Site is compliant with the Digital Millennium Copyright Act. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us with the appropriate details. Our e-mail address is info@house39.com and our mailing address is Gemini Residential, LLC, c/o Rose Associates, Inc., 200 Madison Avenue, New York, New York 10016.

Our Site is not directed to children under the age of 13. We operate our Site in compliance with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age.

We believe that our Site should be friendly and easy-to-use for all consumers, including those with disabilities and compliant with Americans with Disabilities Act. In that spirit, we have developed the Site, which expresses our commitment to the development of a website that is accessible to all users, including those with disabilities. If you are having difficulty using our Site or have recommendations for improvements, please contact us. Our e-mail address is info@house39.com and our mailing address is Gemini Residential, LLC, c/o Rose Associates, Inc., 200 Madison Avenue, New York, New York 10016.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Gemini and supersedes any prior agreements that you may have with us.

These Terms of Use shall be construed in accordance with the laws of the State of New York and all actions involving Gemini shall be initiated in an appropriate New York court.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Effective Date: January 23, 2017

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