Last Updated: August 2024
Welcome to NewLocay (“we”, “us”, or “our”). By accessing and using our website (the “Site”), you agree to comply with and be bound by the following terms and conditions (“Terms”). Please read these Terms carefully before using our services.
1. Acceptance of Terms
By using the Site, you agree to these Terms. If you do not agree to these Terms, you should not use the Site.
2. Our Services
NewLocay provides an online platform that connects prospective buyers and renters (“Users”) with real estate agents, agencies, and individual property owners (“Agents”). Our Site may feature property listings sourced from various real estate websites across the region, and descriptions may be edited for SEO purposes. Additionally, Users can directly list properties on our platform, for which they bear full responsibility.
3. User Responsibilities
- Users are responsible for verifying the accuracy and completeness of any property listings, as well as the credentials and reliability of the Agents.
- Users should exercise caution when following external links provided on the Site, such as links to maps, WalkScores, or other external resources.
- Users agree to use the Site lawfully.
4. Agent and Property Owner Responsibilities
- Agents and individual property owners are responsible for the accuracy and legality of their listings, including property details, prices, and disclosures.
- Agents and property owners agree to comply with all applicable laws and regulations in relation to their real estate activities.
5. Limitation of Liability
- NewLocay is not a party to any agreements or transactions between Users and Agents or property owners. We do not guarantee the accuracy, legality, or suitability of any property, or the conduct of any Agent or property owner.
- You agree that NewLocay shall not be liable for any damages, losses, or disputes arising from your interactions with Agents, property owners, or from any transaction conducted through the Site.
6. Disclaimer of Warranties
- No Warranties: The Site, its content, and all services provided by NewLocay are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.
- Content Accuracy: We do not warrant that the content on our Site, including property listings, descriptions, or external links, will be accurate, complete, or free from errors or interruptions. We reserve the right to edit, remove, or correct any content on our Site at our discretion.
- Third-Party Links: The Site may contain links to external websites or resources, which are provided for your convenience. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Your use of these links is at your own risk.
- No Guarantees: NewLocay makes no guarantees regarding the availability, legality, or suitability of any property listed on the Site, nor do we guarantee the qualifications or conduct of any Agents or property owners.
7. Indemnification
You agree to indemnify, defend, and hold harmless NewLocay, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with:
- Your use of the Site;
- Your interactions with Agents or property owners;
- Any content you submit, post, or transmit through the Site;
- Your violation of these Terms.
8. DMCA
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-NotificationWe will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is under a validly received DMCA take-down notice. In response, you may provide our Designated Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
8.1 Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Platform who is the subject of repeated DMCA or other infringement notifications.
9. Changes to Terms
We may update these Terms from time to time. If we make significant changes, we will notify you by posting the revised Terms on the Site with the date of the last update. Your continued use of the Site after the changes have been posted constitutes your acceptance of the new Terms.
