Last Updated September 12, 2017
“Property” and “Properties” means residential or other properties.
“Registered User” means a person who completes Prevu’s account registration process.
“Owner” means a Registered User who has created a Posting on the Site for a Property they personally own.
“Posting” means a Property advertisement created by an Owner to announce their desire to sell their Property.
Owners are responsible for their Postings, including but not limited to the information they provide about their Properties and the sale prices at which their Properties are posted. Prevu acts as a venue to allow Owners to advertise Properties they wish to sell. Prevu is not an owner of Properties and Prevu does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties. Prevu is not directly involved in any transaction between Owners and Registered Users, Site visitors, buyers, or potential buyers. Prevu does not represent, act as an agent for, or otherwise act on behalf of any Owner, Registered User, buyer or potential buyer in connection with any transaction, communication or activity on or within the Site. Prevu has no control over Properties listed on the site, the validity of information posted by Owners, or the ability of Owners and Registered Users to carry out the transactions agreed to on the Site. Prevu cannot and does not ensure that an Owner will actually complete a transaction.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE ADVERTISING OF PROPERTIES AND COMMUNICATION OF REGISTERED USERS DIRECTLY WITH EACH OTHER. PREVU CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY POSTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PROPERTIES. PREVU IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL POSTINGS AND PROPERTIES. ACCORDINGLY, ANY COMMUNICATION WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.
While Prevu is not a participant in any real estate offering or transaction on or connected to the Site or the Services, we are pledged to the letter and spirit of U.S. policy for achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
Content is provided through Prevu AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Prevu be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
All parts of the Site and Services, including, but not limited to, all applications, information, text, messages, images, photos, 3D scans, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, literature, technical information, advertisements, the selection, compilation, arrangement and presentation of all materials, and the Site, tools and all other content or materials (“Prevu Content”), are owned and copyrighted by Prevu and/or third parties, and are protected by U.S. and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of our Prevu Content without our express prior written permission is strictly prohibited. You may use the Prevu Content in accessing and using the Services, but you may not alter it or change any copyrighted notices without our permission.
You may not use any Prevu Content, including but not limited to trademarks, trade names, service marks, copyrights or logos in any manner which creates the impression that such items belong to or are associated with you unless you have our written consent and you acknowledge that you have no ownership rights in or to any of such items.
In connection with your use of the Website and our Services, you may upload and/or submit photographs, logos, contact information, commentary and other content to the Website (“your Content”). You may access and change your Content at any time.
By Transmitting your Content to Prevu, you grant, and you represent and warrant that you have the right to grant, to Prevu an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute your Content, and to prepare derivative works of, or incorporate into other works, your Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site, Services and Content. For purposes of this section, “Content” shall include your Content and Prevu’s Content. In connection with your use of the Site, Services and Content, you may not and you agree that you will not:
Prevu is currently free for Registered Users of the Site who want to view Properties that are being advertised on the Site. Prevu is currently making available to Owners who want to Post Property a three month free enrollment plan (“the Trial Offer Period”). The Trial Offer Period commences on the date the Owner registers on the Site. During the Trial Offer Period, Owners must register with Prevu but do not have to pay for the Services and do not have to provide their credit card information. At the conclusion of the Trial Offer Period, Owners will be notified by email that the Trial Offer Period is expiring, at which time you may be asked for your credit card information if you elect to subscribe to the Services. If you elect to subscribe to the services, you will be offered a subscription plan (the “Plan”) where you will be billed a monthly fee of $99.00 per month, per Property Posted for each monthly period that you are enrolled. A “monthly period” is deemed to begin on the day you Post a Property and concludes thirty (30) days from that date.
Your Plan will automatically renew each monthly period unless you cancel it before the last day of the monthly period by clicking the cancel button in your account’s subscription settings. Clicking the “cancel” button will generate an e-mail which will be forwarded to email@example.com directing cancellation of your subscription. Upon submission of the e-mail cancelling your subscription, you will not be billed for any subsequent monthly period. You will not receive any refund for any portion of the monthly period for which you have already been billed and/or paid.
Prevu reserves the right to change its Plan pricing, from time to time, on a going forward basis, with thirty (30) day prior notice to you.
You may terminate your Account with Prevu at any time via the “Cancel Account” feature on the Site, which will generate an e-mail to firstname.lastname@example.org instructing termination of your Account. If you are an Owner and you terminate your account, your Postings will be deleted after the expiration of the thirty (30) day notice period described below, as applicable.
Prevu may terminate or suspend your Account and your access to the Services at any time, for any reason, at Prevu’s sole discretion, provided that Prevu gives you thirty (30) days notice, by email to you, of its intention to cease providing the Services. During the thirty (30) day notice period, you will have the right to download your Content, including your Posting(s). If you are a Subscriber, you will not be charged any fee by Prevu upon the expiration of the thirty (30) day notice period and termination of the Services to you.
Prevu Real Estate LLC, (“Broker”), a wholly owned subsidiary of Prevu, Inc., is licensed as a Limited Liability Company Real Estate Broker in New York State.
By accessing the Site and/or using the Services, 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 Broker.
All arrangements to receive real estate brokerage services are subject to terms, conditions, and arrangements negotiated between you and Broker. Any agreements entered into between you and Broker will supersede all information referenced herein.
Any information you obtain from the Site is solely for your personal, non-commercial use. You agree that you will not copy, redistribute, or retransmit any of the information provided except in connection with your personal residential property search. You acknowledge that multiple listing services (“MLS”), which provide listing data, own such data and you acknowledge the validity of the applicable MLS's copyright to such data.
Information for New York City listings is provided by Nestio, Inc. (“Nestio”). Information deemed reliable but not guaranteed. No representation is made by Nestio nor is any to be implied. Information is provided for the consumer’s personal, non-commercial use and may not be used for any purpose other than the identification of potential properties for purchase.
“Smart Buyer” means a Registered User who has provided search criteria and has entered into a Non-Exclusive Buyer Agency & Commission Rebate Agreement (“Buyer Agreement”) with Broker.
The Prevu Smart Buyer Commission Rebate (“Smart Buyer Rebate”) is provided by the Broker, with the following terms and eligibility requirements:
This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You must be a Registered User to access the Site and use the Services.
You must personally own the Property you post on the Site. By Posting a Property, you warrant and represent that you own the Property and are not representing the legal owner of the Property or any individual or entity claiming legal or beneficial ownership of the Property as an agent, broker, salesperson or otherwise.
If you are an Owner and post Property on the Site, immediately upon your sale of the Property, you must cancel your Posting.
You are responsible for any fees, commissions, payments, or other compensation that may be owed to any real estate agents, sales representatives, brokers, title companies or any third party actually or purportedly connected with or involved in the purchase and/or sale of any Property.
You are responsible for your Content and your communications with others while using the Website and the Services. You agree not to submit any Content that: (i) is known to you to be false, inaccurate or misleading; (ii) infringes anyone’s copyright, patent, trademark or other intellectual property rights; (iii) violates any law, statute, ordinance, or regulation; and (iv) is or may reasonably be considered to be libelous, defamatory, obscene, abusive or otherwise constitutes or advocates illegal activity.
You are responsible for ensuring that you have all necessary rights and permissions from third parties whose content you submit to the Website.
You are responsible for maintaining and, to the extent applicable to your activities, safeguarding the confidentiality of your Content.
You are responsible for ensuring that your conduct is in compliance with any rules, regulations, or laws applicable to your business or profession.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Site.
You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms or other harmful, invasive or corrupted files, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the Content or technical specifications of any aspect of the Services at any time at our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted or without errors. Any documents, pictures or other information available on the Services are for informational purposes only and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good-faith efforts in determining that the content of all information provided to or obtained by you is accurate.
Some of the available content, services and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services or information. The content of other Site, services, goods or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on or to the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Site, services or goods, that may be linked to or from the Services; or (c) make any endorsement of any other Site, services or goods that may be linked to or from the Services.
Prevu endeavors to make sure that all information and data it originates on the Website is accurate. However, Prevu is not responsible for any damages or loss related to the use of this Website.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PREVU, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PREVU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF PREVU, AND ALL OTHER USE OF PREVU, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS THEREFROM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR DAMAGES IN CONNECTION WITH THE SERVICES WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
You release Prevu, its affiliates and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
You may not assign or transfer these Terms, by operation of law or otherwise, without Prevu’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Prevu may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
When you communicate with Prevu electronically, via email or otherwise, you consent to receive electronic communications from Prevu. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Prevu satisfy any legal requirement that such communication be in writing. Prevu encourages you to retain your own copies of relevant information and Content; however, upon your written request; Prevu will provide you with a copy of the information you provided to Prevu when creating your Subscription account. To make such a request please contact email@example.com.
With respect to all communications you make to Prevu directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Prevu shall have no obligation to protect your communications from disclosure; (ii) Prevu shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Prevu shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
In the event that Prevu and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Prevu and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Prevu will post a notice to such effect on this Website.
Prevu values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify Prevu’s Designated Agent in writing as follows:
Name of Designated Agent: Copyright Administrator, Thomas Kutzman
575 Fifth Avenue, 14th Floor
New York, NY 10017
E-Mail Address: firstname.lastname@example.org
In your notice, you must include the following:
Software from or related to this Website (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the Site. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable. Downloading or using the Software is at your sole risk.
Any real estate broker, salesperson, agent, or similar state licensed real estate professional (“Real Estate Agent”) who uses any Content for its customer must first enter into a co-brokerage agreement with Prevu Real Estate LLC. 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 Services for the purposes of verifying compliance with the provisions of these Terms, the Co-Brokerage Agreement between Prevu Real Estate LLC and REBNY, or any other applicable RLS rules or policies or any other multiple listing system or real estate board to which Prevu Real Estate LLC subscribes. We reserve the right to deny or terminate access to any Real Estate Agent except to the extent such Real Estate Agent is accessing the Services for the foregoing purposes. No person, including any Real Estate Agent, may market or make commercial use of the Content in any way, including, without limitation, advertising our property listings, copying our Content for commercial use, or contacting our customers or the owners or sellers of any properties listed on the Services.
THIS IS NOT A CONTRACT
New York State law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales agents. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate. If you need legal, tax or other advice, consult with a professional in that field.
A seller’s agent is an agent who is engaged by a seller to represent the seller’s interests. The seller’s agent does this by securing a buyer for the seller’s home at a price and on terms acceptable to the seller. A seller’s agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller’s agent does not represent the interests of the buyer. The obligations of a seller’s agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.
A buyer’s agent is an agent who is engaged by a buyer to represent the buyer’s interests. The buyer’s agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer’s agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer’s agent does not represent the interest of the seller. The obligations of a buyer’s agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer’s agent should (a) exercise reasonable skill and care in performance of the agent’s duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer’s ability and/or willingness to perform a contract to acquire seller’s property that are not inconsistent with the agent’s fiduciary duties to the buyer.
A broker’s agent is an agent that cooperates or is engaged by a listing agent or a buyer’s agent (but does not work for the same firm as the listing agent or buyer’s agent) to assist the listing agent or buyer’s agent in locating a property to sell or buy, respectively, for the listing agent’s seller or the buyer agent’s buyer. The broker’s agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker’s agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker’s agent. The listing agent or buyer’s agent do provide direction and instruction to the broker’s agent and therefore the listing agent or buyer’s agent will have liability for the acts of the broker’s agent.
A real estate broker may represent both the buyer and seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency by indicating the same on this form.
If the buyer and seller provide their informed consent in writing, the principals and the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer’s agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller’s agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation. A seller or buyer may provide advance informed consent to dual agency with designated sales agents by indicating the same on this form. This form was provided to me by Prevu Real Estate LLC, a licensed real estate broker acting in the interest of the: ( ) Seller as a (check relationship below) (X) Buyer as a (check relationship below)
( ) Seller's agent (X) Buyer's agent
( ) Broker's agent ( ) Broker's agent
( ) Dual agent
( ) Dual agent with designated sales agent
If dual agent with designated sales agents is indicated above: ______ is appointed to represent the buyer; and ______ is appointed to represent the seller in this transaction.
I/We acknowledge receipt of a copy of this disclosure form:
Electronic signature of (X) Buyer(s) and/or ( ) Seller(s)