Terms of Services and Conditions of Use
The policy set forth below for MARCIAKOUTELLOS.COM (“The Website”) is officially provided in English language, because MARCIA KOUTELLOS, Licensed Real Estate Salesperson, real estate business is locates in the Unites States of America and is mandatory to comply with U.S. Laws Rules and Regulations of Real Estate, including without limitation 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 listing agency.
NOTE: At ALL TIMES, the Website Policies (“Policies”) are officially published in English. In regards to the Global Language Settings (“Language Translator”) available in the MARCIAKOUTELLOS.COM (“The Website”) it should be use “only for your reference” and not for translation of Policies. We want to avoid any misinterpretations caused by a language translation. IF NECESSARY, PLEASE SEEK THE PROPER ADVICE, OR PLEASE DO NOT USE THIS WEB SITE.
Your use of this Website is subject to these TERMS AND CONDITIONS OF USE, which include the PRIVACY POLICY (“TERMS”). You must agree to these Terms before using the Website or any of the services offered through this Website (collectively, the “Service”). These Terms constitute a binding contract between MARCIA KOUTELLOS.COM, MARCIA KOUTELLOS (“Licensed Real Estate Salesperson”, “we” or “us”) and you (“you”). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE WEBSITE.
PRIVACY POLICY
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our full Privacy Policy on the link provided on this Website. – MARCIA KOUTELLOS.COM (MARCIA KOUTELLOS, Licensed Real Estate Salesperson”)
Last modified: October 15, 2021
Your privacy is very important to us. MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), (“we” or “us”), which owns the MARCIAKOUTELLOS.COM (“The Website”) and hosts various third party real estate websites (collectively, the “Website”), provides this PRIVACT POLICY to explain the ways in which we collect, use, share and protect personal data (“Personal Data”).
This Privacy Policy applies to persons and businesses anywhere in the world that may access the MARCIA KOUTELLOS.COM (“The Website”). For the avoidance of doubt, the term “Website” includes any third-party branded website (the “Third-Party Sites”) hosted by MARCIAKOUTELLLOS.COM. By using the Website or any of our or our third-party clients’ (the “Third-Party Clients”) Third-Party Sites or services (collectively, the “Services”), you agree to be bound by this PRIVACY POLICY in its most recent iteration. IF YOU DO NOT WISH TO PROVIDE PERSONAL DATA OR BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT USE THE WEBSITE OR THE SERVICES.
WHAT YOU SHOULD KNOW
Welcome to the MARCIA KOUTELLOS.COM (“The Website”), a Real Estate website created by MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”). The goal of this Website is to provide you with access to the most comprehensive network of residential real estate products/services and related links to meet your needs (“the Content”). Please read our Terms & Conditions of Use (the “Terms”) carefully before continuing with your use of this Website. These Terms shall govern the use of the Website and apply to all internet traffic visiting the Website. By accessing or using this Website, you agree to the Terms. The Terms are meant to protect all of our Website visitors and your use of this Website signifies your agreement with these Terms.
We suggest that you print out a copy of these TERMS AND CONDITIONS OF USE for your records.
PLEASE NOTE THAT ANY ACCESS, USE, OR PARTICIPATION IN THIS WEBSITE CONSTITUTES AN IMMEDIATE ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE TERMS AND PROVISION OF THIS AGREEMENT.
MARCIA KOUTELLOS.COM, MARCIA KOUTELLOS, Licensed Real Estate Salesperson (“The Website Owner”) (“We”, “Us”, “Our”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Website after we have posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms. IF YOU DO NOT AGREE WITH THE REVISED TERMS, YOU MUST STOP USING THIS WEB SITE.
In accordance with our goals, this Website will permit you to link to many other websites Third-Party Websites (“Linked Sites”), that may or may not be affiliated with us and/or this Website, and that may have terms of use that differ from, or contain terms in addition to, the Terms specified here. Your access to Third-Party Websites through links provided on this Website is governed by the terms of use and policies of those Third-Party Websites, not this Website. Please review those Linked Sites terms of use and policies when using such links.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
All content on MARCIA KOUTELLOS.COM (“The Website”), including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by MARCIA KOUTELLOS.COM (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to MARCIA KOUTELLOS. Content on this Website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), the Website Owner or the Providers.
MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS, Licensed Real Estate Salesperson, retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the Content or other materials on this Website without prior written consent of MARCIA KOUTELLOS, Licensed Real Estate Salesperson.
1. WEBSITE REGISTRATION
a) Scope of Use. The purpose of MARCIA KOUTELLOS.COM (“The Website”) is to assist customers, agents and brokers in contacting MARCIA KOUTELLOS, Licensed Real Estate Salesperson concerning the real estate rentals, new development and sales listings, property purchase, real estate investments, commercial real estate set forth herein and any other real estate services offered by MARCIA KOUTELLOS, Licensed Real Estate Salesperson through this Website (WWW.MARCIAKOUTELLOS.COM) in partnership with Douglas Elliman Real Estate (www.elliman.com/privacy). You represent that you are a prospective purchaser, seller, lessee or lessor, developer of real property and real estate investor in the geographic areas where Douglas Elliman Real Estate company and Marcia Koutellos, Licensed Real Estate Salesperson are licensed and operating with a bona fide interest in the purchase, sale, lease or investment of such real estate property.
b) Registration Required. You must complete the Website registration process to create an account with a user name and password (the “Account”) in order to make full use of the Service.
c) Minimum Age. You must be eighteen (18) years of age or older to register for an Account.
d) Password and Identity. You may not share your password with anyone else. Any use of the Service through your Account will be deemed as being used by you. MARCIA KOUTELLOS.COM and MARCIA KOUTELLOS, Licensed Real Estate Salesperson is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
e) Consent to Contact. BY REGISTERING FOR AN ACCOUNT, YOU CONSENT TO RECEIVE PERSONALIZED EMAILS, LISTINGS ALERTS, TEXT, TELEPHONE CALLS AND/OR FAXES FROM MARCIA KOUTELLOS, Licensed Real Estate Salesperson and DOUGLAS ELLIMAN (“The Real Estate Brokerage Company”). You must always provide accurate, current and complete information to MARCIA KOUTELLOS, Licensed Real Estate Salesperson and also for DOUGLAS ELLIMAN Company for the Service. You must update such information in a timely manner to maintain its accuracy and completeness.
f) Broker Restrictions. Any real estate broker, salesperson, agent, or similar state licensed real estate professional (“Real Estate Agent”) who ACCESS THIS WEBSITE and uses any Content for its customer must first enter into an agreement with MARCIA KOUTELLOS, Licensed Real Estate Salesperson. We authorize the Real Estate Board of New York (“REBNY”) and/or REBNY Listing Service (“RLS”) brokers (and each of their duly authorized representatives) to access the Website for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between MARCIA KOUTELLOS and REBNY and also Douglas Elliman agreement with REBNY, or any other applicable REBNY/RLS rules or policies or any other multiple listing system (“MLS”) or real estate board that Douglas Elliman subscribes to. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including without limitation advertising MARCIA KOUTELLOS’ EXCLUSIVE property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on this Website.
g) Acknowledgment of Broker-Consumer Relationship. By agreeing to these Terms, you acknowledge you are entering into a lawful broker-consumer relationship as may be defined under state law. The relationship is not exclusive and you are not obligated to work with MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and Douglas Elliman.
h) Market Area. The market area served by this Website includes New York City (Manhattan, Bronx, Brooklyn, Queens, State Island) and New York State. In addition, The Website provides links to Douglas Elliman website where market areas include other cities and states in the United States where Douglas Elliman is licensed and operating with a bona fide interest in the purchase, sale, lease or investment of such real estate property.
i) No Affiliation With Real Estate Agent. You agree that you have not signed any agreement with any Real Estate Agent that would prevent you from using MARCIA KOUTELLOS (“Licensed Real Estate Salesperson”) as your agent and DOUGLAS ELLIMAN services. You do not have a contract or agreement with any third party that would interfere with our representation of you. You agree to notify us immediately in the event you enter into a listing agreement with a Real Estate Agent.
Outreach to Sellers Prohibited. You agree not to contact the owner or seller of any property from information gained through this Website. You will not attempt to enter the property or speak with an owner or seller without an appointment set by MARCIA KOUTELLOS, Licensed Real Estate Salesperson and DOUGLAS ELLIMAN.
j) We Represent Multiple Buyers. You acknowledge and agree that we may also represent other prospective buyers seeking to purchase the same properties that may meet your purchase criteria.
k) Authorization to Review Documents. You hereby authorize MARCIA KOUTELLOS.COM, MARCIA KOUTELLOS, Licensed Real Estate Salesperson and DOUGLAS ELLIMAN to review and provide you with copies of various documents related to any potential real estate transaction and other services, including without limitation home inspection reports and closing papers.
2. USER RESTRICTIONS
Prohibited Conduct on the Website. You must not do, or attempt to do, any of the following, as reasonably determined by MARCIA KOUTELLOS, Licensed Real Estate Salesperson, MARCIAKOUTELLOS.COM and DOUGLAS ELLIMAN, subject to applicable laws:
a) access or use the MARCIA KOUTELLOS.COM (“The Website”) in any way that is not in compliance with any applicable local, state, national or international laws (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
b) use any Content in violation of any applicable laws, rules or regulations, including without limitation 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 listing agency.
c) access, tamper with, or use services or areas of the Website that you are not authorized to access;
d) alter information on or obtained from the Website;
e) tamper with postings, registration information, profiles, submissions or Content belonging to MARCIA KOUTELLOS.COM, MARCIA KOUTELLOS, Licensed Real Estate Salesperson and Douglas Elliman.
f) use any robot, spider, scraper or other automated means or interface not provided by us to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
g) frame any part of the Website, or link to the Website, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by MARCIA KOUTELLOS,COM and MARCIA KOUTELLOS, Licensed Real Estate Salesperson;
h) impersonate or misrepresent your affiliation with any person or entity;
i) reverse engineer any licensed software, application, games or any other aspect of the Website or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website;
j) send to or otherwise impact us or the Website (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Website or any recipient; or
k) take any action which might impose a significant burden (as determined by us) on the Website’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
Terms of Use. By submitting a query or otherwise reviewing the information on this Website concerning real property listings (the “Data”) you agree to the following: (i) you will not access the Data through automated or high-volume means; and (ii) you will not “scrape,” harvest or otherwise copy the Data except pursuant to your personal non-commercial use of the Data solely to identify real property listings that you may be interested in investigating further.
Personal Use Only. The Website is for personal use only. You may not reproduce, copy, sell or otherwise exploit the Website or any part thereof, or access or use the Website for any commercial purposes.
Listing Services. You acknowledge that the individual listing services, including the residential listing service and the multiple listing service (“MLS”), which supply the listing data to the Website, own such data, and you acknowledge the validity of their respective copyrights to such data.
3. COOKIES
MARCIA KOUTELLOS.COM (“The Website”) use cookies to understand usage and to improve the content and offerings on the Website. For example, we may use cookies to personalize your experience on the Website (e.g., to recognize you by name when you return to the Site) and to save your password in password-protected areas. We also may use cookies to offer you products, programs or services.
On the Website, if you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you leave a comment on the Website you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. MARCIA KOUTELLOS.COM uses cookies to help identify and track visitors, their usage of our Website, and their Website access preferences. MARCIA KOUTELLOS.COM visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using THIS WEBSITE, with the drawback that certain features of this WEBSITE (s) may not function properly without the aid of cookies.
4. PERSONAL DATA COLLECTION, USE AND DISCLOSURE
a) We collect Personal Data from people when they access MARCIA KOUTELLOS.COM (“The Website”) or our Services. Our legal basis for collecting and processing your Personal Data is a-i) your explicit consent when accessing the Website or Services and a-ii) a legitimate interest and need in order to provide the Services. We may collect the following Personal Data from users:
1) When we collect personal information from you, whether provided to us voluntarily or involuntarily, you are giving us permission, subject to the Website TERMS OF PRIVACY POLICY, to use and disclose that information in any manner desired, including without limitation to contact you regarding the Services offered on the Website, to improve or enhance the Website performance, to communicate to you about other matters that may be of interest to you, and to respond to any inquiries that you may initiate.
2) Collect personal information from you directly or indirectly. For example, when you register for an Account, you are asked to submit your name, address, email address, telephone number, information regarding the type, price, location and features of your desired property, and other personal information. You may also voluntarily provide us personal information if you email us, inquire about a property, call us, complete an online survey, or otherwise respond to a request from us for information. Even if you do not register with us, we may automatically collect certain information concerning your visit, such as your Internet Protocol (IP) address and browser information, which will allow us to track your use of this Website, MARCIAKOUTELLOS.COM.
3) When you submit to us or our Third-Party Clients (“Third-Party Sites”). If you submit information through this Website, including through any contact form, live help feature, or other submission functionality, we will collect any Personal Data you submit.
4) Information you submit when receiving the Services. We will collect any Personal Data you share in order to become a client of MARCIA KOUTELLOS, Licensed Real Estate Salesperson and when you work with us to receive the Services. In addition, if you become a client of, or receive any Services from, any of our Third-Party Clients, we will collect any Personal Data you transmit to receive Services from Third-Party Clients. This Personal Data may include, but is not limited to, your name, company information, customer information, email address, phone number, mailing address, and other verification or fraud prevention related information.
5) Information automatically collected by the website MARCIA KOUTELLOS.COM. We may use cookies, log files, clear. gifs, and other analytics tools to track the ways in which you use and interact with the Website, the Services, and other uses. This information helps us analyze and improve our features. You may be able to disable cookies in your web browser or mobile device. However, please note that disabling cookies may prevent you from taking full advantage of this Website or its Services. For more information about the use of cookies and how to block or disable them, you may visit allaboutcookies.org or youronlinechoices.eu
6) Information required for technical or customer support. If you contact us for technical or customer support, we may collect any Personal Data you provide to us.
b) We use Personal Data to provide MARCIA KOUTELLOS.COM (“The Website”) and Services and to comply with applicable laws. Specifically, we may use your Personal Data in the following ways:
1) To provide support and Services: To work with you as a client, either of MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) or of a Third-Party Client; to send or facilitate communications among you, independent real estate professionals and their affiliated entities, and other users of the Services; to provide products and services you request (and send related information), operate our Services; to present offers that we believe you may be interested in; to communicate with you about your access to and use of our Services; to respond to your inquiries; to provide troubleshooting, fulfill your requests and provide technical support; and for other customer service and support purposes. (Legal basis: performance of our contract with you; and our legitimate interests)
2) To optimize your experience when using the Website: To better understand how clients (“You”) access and use our Services, to evaluate and improve our Services and business operations, and to develop new features, offerings, and services; to conduct surveys, and other evaluations, such as customer satisfaction surveys; and for other research and analytical purposes. (Legal basis: our legitimate interests)
3) To customize and enhance your experience when using the Website: To provide or recommend features, content, social connections, and referrals; tailor content we send or display on our Services; to offer location customization and personalized help and instructions; and to otherwise personalize your experiences. (Legal basis: our legitimate interests and/or with your consent)
4) To contact you about the Website, our Services, or other features we may offer: Including advertising, marketing materials and promotional purposes to reach you with more relevant ads and to evaluate, measure, and improve the effectiveness of our ad campaigns; to contact you about our Services or information we think may interest you; to send you newsletters, offers, or other administrative or marketing messages via e-mail. You may unsubscribe at any time by following the links in any emails sent by us (Legal basis: our legitimate interests and/or with your consent)
5) To enable you to search or use third-party real estate listings (which may include the MLS). This requires us to share your Personal Data with third parties to provide these services.
6) To Secure and protect our business: including to protect and secure our business operations, assets, Services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct. (Legal basis: our legitimate interests and/or compliance with laws)
7) To defend our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties. (Legal basis: our legitimate interests and/or compliance with laws)
8) Auditing, reporting, corporate governance, and internal operations: Related to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; and related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business. (Legal basis: our legitimate interests and/or compliance with laws)
9) Complying with legal obligations: To comply with the law, our legal obligations and legal process, such warrants, subpoenas, court orders, and regulatory or law enforcement requests. (Legal basis: our legitimate interests and/or compliance with laws)
10) To analyze the way in which you use the Website the Services. We may use Google Analytics to collect information about use of the Website. Google Analytics collects information such as how often users visit the Website, what pages they visit when they do so, and what other sites they used prior to coming to this Website. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (available at google.com/analytics/terms) and the Google Privacy Policy (available at policies.google.com/privacy). You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.
c) We may disclose the personal information that we collect about you as set forth below or as otherwise described at the time of collection or sharing.
1) Service providers: We may disclose personal information with Third Party Service Providers (“Third Party Services) who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, and customer service and support providers.
2) Brokerage Company and Affiliates: We may share your personal information with Douglas Elliman and affiliated companies will be subject to this privacy notice
3) Third Parties. We may disclose personal information to third parties in order to provide our Services, facilitate your requests, or with your acknowledgement and consent, including with:
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- independent real estate professionals and owners and operators of real estate brokerage companies to enable them to provide services you request through the Services.
- third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us.
- the public if you submit to a public part of the Services, such as comments, social media posts, or other features viewable by the public or generally by registered users of the Services.
- third parties with whom you choose to let us share information, for example other apps or websites that integrate with the Services, or those with Services with which we integrate.
- third parties we work with to provide you with more personalized content and ads, and to track the effectiveness of campaigns.
4) Business transfers: We may disclose or transfer personal information as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.
5) Legally required: We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts or others, e.g., in response to a subpoena or court order).
6) Protect our rights: We may disclose personal information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and to protect the rights, property, or safety of us, our clients and customers or others.
Anonymized and Aggregated Data. We may share aggregate or de-identified information with third parties for research, marketing, advertising, analytics, and other purposes.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of MARCIA KOUTELLOS.COM (“The Website”), and You agree not to use or permit others to use this Website, to:
a) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques;
b) disclose or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose;
c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of MARCIA KOUTELLOS.COM (“The Website”);
d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships;
e) violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; or
f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy “The Website” pages, or “The Content” without our prior written permission, provided that generally available third party Web browsers and Microsoft Internet Explorer® may be used without such permission.
6. ADVERTISEMENTS AND OTHER LINKS TO THIRD PARTY SITES
MARCIA KOUTELLOS.COM (“The Website”), may contain advertisements and other links to other Third Party Websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content and advertisements of any Linked Sites are not part of this Website and are not under our control, Consequently, MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and Douglas Elliman are not responsible for for the accuracy, legality, decency, availability or content of any advertisement on this Website (MARCIAKOUTELLOS.COM), any linked site, any link contained in a Linked Site, or any changes or updates to such Linked Sites. and does not endorse, such content. You may not establish a hyperlink to MARCIA KOUTELLOS.COM (“The Website”) or provide any links that state or imply any sponsorship or endorsement of your website by MARCIA KOUTELLOS.COM and MARCIA KOUTELLOS, Licensed Real Estate Salesperson. You hereby irrevocably waive any claim against us with respect to any such advertisements or third party sites.
7. DISCLAIMER OF WARRANTIES
a) No Warranty. ALL INFORMATION, CONTENT, AND SERVICE AVAILABLE THROUGH THE SITE ARE FOR INFORMATION PURPOSES ONLY AND ARE PROVIDED BY US ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Without limiting the generality of the forgoing, MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), content or service providers (including listing service providers), investors, successors and assigns specifically disclaim any and all warranties, express or implied by statute or otherwise, including but not limited to:
(1) any warranties concerning the availability, accuracy, usefulness, or content of or uninterrupted access to information, products or services and
(2) any warranties of title, non-infringement, merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or alteration of or use of record in connection with the use or operation of the Website and Service, whether for breach of contract, tort, negligence or any other cause of action.
8. DISCLAIMER OF LIABILITY
You expressly agree that use of this web site is at your sole risk. You (and not MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) assume the entire cost of all necessary servicing. You expressly agree that neither MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), nor DOUGLAS ELLIMAN or related entities (including its providers and its web hosting service providers, and their suppliers), nor any person or entity involved in the creation, production, distribution, hosting, and/or operation of this web site, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual or consequential), claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this web site including, without limitation, use of or access to any related software or hardware).
By way of example, and without limiting the generality of the foregoing, MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), DOUGLAS ELLIMAN and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this web site. You expressly acknowledge and agree that MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.
9. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), Douglas Elliman Real Estate, its Providers, and Website hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or misuse of the Website.
9. THIRD PARTY RIGHTS
These Terms are for the benefit of MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), Douglas Elliman Real Estate, its Providers, and Website hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
10. JURISDICTIONAL ISSUES
Unless otherwise specified, the Content contained in MARCIA KOUTELLOS.COM (“The Website”) is presented solely for your convenience and/or information. This Website is controlled and operated by MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”). MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”)makes no representation that Content in its Website is appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this Website in violation of U.S. export laws and regulations.
11. RESOLVING DISPUTES
If a dispute should arise between you, MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and Douglas Elliman Real Estate, we want to provide you with a resolution that is efficient and cost effective by sending an email through the “Contact Us” section of this Website. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
12. AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and Douglas Elliman Real Estate agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and Douglas Elliman Real Estate intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS (“formerly “Judicial Arbitration and Mediation Services” ) Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate , the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) must do the following things:
Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than USD$1,000.00 (One thousand dollars) MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) will pay administrative costs and fees provided, however, if MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) prevails you will reimburse us for all such administrative costs and fees. Arbitration under this agreement shall be held in the United States county in New York City and subject to , New York State Laws. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”).
NO CLASS ACTIONS: You may only resolve disputes with us MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and DOUGLAS ELLIMAN Brokerage Company, on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and DOUGLAS ELLIMAN Brokerage Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and DOUGLAS ELLIMAN Brokerage Company WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and DOUGLAS ELLIMAN Brokerage Company at marcia.koutellos@elliman.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use of MARCIA KOUTELLOS.COM (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”). The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
13. CHOICE OF LAW/FORUM SELECTION
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York and Real Estate Board of New York (REBNY), excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York City.
14. Miscellaneous – MARCIA KOUTELLOS.COM
a) Agreement to Conduct Transactions Electronically. All of your transactions with or through the MARCIA KOUTELLOS.COM (“The Website”) may, at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
b) Interpretation. The paragraph headings in these TERMS are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
c) Third Party Rights. These Terms are for the sole benefit of MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), Douglas Elliman Real Estate and Third Party Services and Providers . No other person, including any user of the Site, shall have the right to assert a claim under these Terms.
d) Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
e) Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and Douglas Elliman Real Estate. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) and Douglas Elliman Real Estate will be null and void. MARCIA KOUTELLOS, Licensed Real Estate Salesperson has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
f) Export Limitations. This Website is controlled by us from our offices in New York City in the United States of America and is directed to U.S. users and Residents. If you access the Website from locations outside the United States of America, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Website in violation of Real Estate Board of New York, U.S. export laws and regulations or the Terms.
g) Jurisdiction; Choice of Law; Waiver of Jury Trial. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflict of laws principles that would result in the application of the law of a different jurisdiction. You and MARCIA KOUTELLOS, Licensed Real Estate Salesperson and Douglas Elliman submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the City of New York. The parties hereto waive any right to request a trial by jury.
h) Limitations on Actions. Any action concerning any dispute with respect to the Website must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
i) Entire Agreement. These Terms comprise the entire agreement between you and MARCIA KOUTELLOS, Licensed Real Estate Salesperson and Douglas Elliman with respect to the use of the Website and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.
j) No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches.
k) Third Party Vendor. Any information collected on this Website is confidential and is not shared with any other parties without approval via email at realestate@marciakoutellos.com from Third Party Vendors.
l) ADA Compliance. MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) is committed to ensuring user-friendly digital accessibility to this Website, including for people with disabilities. We are continually attempting to improve the broad user experience and to update our accessibility compliance and standards.
m) WEBSITE ACCESSIBILITY. MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) is committed to ensuring user-friendly digital accessibility to THIS WEBSITE, including for people with disabilities. We are continually attempting to improve the broad user experience and to update our accessibility compliance and standards, including when we procure third-party systems or upgrades to existing software or systems. If you are having difficulty viewing or navigating the content on this website or notice any content, feature or functionality that you believe is not fully accessible to you, please email us at marciakoutellos@elliman.com. Please put “Accessibility” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will try to address your concerns promptly. We will continually evaluate ways to address accessibility to our website as well as our overall accessibility policies.
15. IDX DISCLAIMER
All listing data on MARCIA KOUTELLOS.COM (The Website) are certified listings through Real Estate Board of New York (REBNY) RLS Internet Data Exchange (“IDX DATA”), which are updated constantly. The REBNY/ RLS IDX DATA is provided by IHOMEFINDER,INC (“IHOMEFINDER – IDX TECHNOLOGY PROVIDER”), REBNY authorized vendor.
The REBNY/ RLS IDX DATA information is provided exclusively for consumers’ personal, non-commercial use and that it may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. NOTE: IDX DISCLAIMER IS INCLUDED ON LISTING PAGES WHERE REBNY/ RLS IDX DATA IS USED.
16. ENTIRE AGREEMENT
The provisions and conditions of these Terms, and each obligation referenced here, represent the entire Terms and Agreement between MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), DOUGLAS ELLIMAN and you, and supersede any prior agreements or understandings not contained here. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the terms of the most recently published Terms shall govern.
17. CONTACT US
Email: marciakoutellos@elliman.com
Phone: (332) 900-1155
At Douglas Elliman Real Estate
575 Madison Ave, New York, NY 10022
