MARCIAKOUTELLOS.COM – Online Privacy Statement
MARCIA KOUTELLOS.COM (MARCIA KOUTELLOS, Licensed Real Estate Salesperson”)
Last modified: October 15, 2021
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 privacy is very important to us. MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”), (“we” or “us”), which is the owner of 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”). We understand and respect your concerns about privacy and security, and will do our best to provide a convenient and safe online experience.
We ensure to always provide transparency to our clients. We summarized below the personal information we collect , how we use and disclose it, which is further explained in our Privacy Notice below. Keep in mind that the actual information we collect, and our use of such personal information varies depending upon the nature of our relationship and interactions with an individual.
1. SCOPE OF OUR PRIVACY NOTICE
This Privacy Notice of MARCIAKOUTELLOS.COM (The Website”) applies to our collection, use, disclosure, and other processing of personal information related to:
- the use of our Services that display or link to this Notice;
- former, current, and prospective clients, brokers, independent agents, and customers; and
- other individuals who use our Services, whose personal information we receive related to the Services, or who otherwise interact or communicate with us related to our Services
Our collection, use, disclosure, and processing of personal information about individuals will vary depending upon the circumstances. This privacy notice is intended to describe our overall privacy and data protection practices.
2. LEGAL BASES FOR OUR PROCESSING OF PERSONAL INFORMATION
Certain laws requires that we inform applicable individuals of the legal bases for our use and other processing of personal information.
Pursuant to the GDPR (“General Data Protection Regulation”) and other relevant laws, we process personal information for the following legal bases:
- Performance of contract: Required and necessary to enter into or carry out the performance of our contract with you.
- Compliance with laws: Compliance with legal obligations and/or defense against legal claims, including those in the area of labor, data protection, tax, and corporate compliance laws.
- Our legitimate interests: Our legitimate business interests including:
- Performance of contracts with franchisees and other parties
- Implementation and operation of support (e.g., IT) services for our business operations
- Customer relationship management and improving our Services, including marketing and analytics
- Fraud prevention, including misuse of company IT systems or money laundering
- Physical, IT, and network perimeter security and Internal investigations
- Mergers, acquisitions, and reorganization, and other business transactions
- With your consent: where we have your consent (the GDPR (where it applies)) and other applicable laws give you the right to withdraw your consent, which you can do this at any time by contacting us using the details at the end of this privacy notice. In some jurisdictions, your use of the Services may be taken as implied consent to the collection and processing of personal information as outlined in this privacy notice
3. COLLECTION PROCESS OF PERSONAL INFORMATION
Generally, we collect your personal information on a voluntary basis. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services on MARCIAKOUTELLOS.COM (“The Website”) or we may be unable to fully respond to your inquiry.
Personal information. In this privacy notice, our use of the term “personal information” includes other similar terms under applicable privacy laws—such as “personal data” and “personally identifiable information about an identifiable individual, which includes name, address, email address, telephone number, and other information that identifies you.” In general, personal information includes any information that identifies, relates to, describes, or is reasonably capable of being associated, linked, or linkable with a particular individual.We may collect personal information from you directly or indirectly.
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 a) Your explicit consent when accessing the Website or Services; and b) a legitimate interest and need in order to provide the Services. We may collect the following Personal Data from users:
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. 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.
a) Information we collect directly.We collect information that you provide to us, such as
- when you create an account, provide contact information, and send other personal information to us;
- when you complete or submit a form through our the Website Services, for example, “Contact Us” or “More Information” forms;
- when you participate in surveys or contests, submit orders or requests, or register for or use our Services, or otherwise Contact US;
- information you submit or provide such as real estate searches and preferences, whether you plan on buying or selling real estate, home search criteria, information about financing for the purchase of real estate, and other information related to the purchase or sale of real estate.
b) Information we collect from third parties.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”), on MARCIAKOUTELLOS.COM (“The Website”), we may collect personal information about you and your property from third party sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected), from brokers and independent agents of Douglas Elliman, and from other third parties. For example, without limitation:
- Social media. If you choose to link, create, or log in to your Services account with a social media service (e.g., Twitter, Facebook, Instagram, etc.), or if you engage with a separate app or website that communicates with the Services, we may receive personal information about you or your connections from that service. In many cases you can control what personal information you share with us through privacy settings available on those third-party social media services.
- Real estate professionals. Information that may include, among other things, your name and email address, that you may have given to an independent real estate professional with whom you have a pre-existing relationship. The professional may collect such personal information from you with the sole purpose of pre-populating an account for the Services on your behalf and with your consent. You may choose not to finalize the creation of an account and may opt-out of certain future communications from us by following the instructions in the account creation notification or by contacting us at the email address in this Notice.
- Property records. We may collect information about individuals and real estate property through public databases, such as property ownership and tax records maintained by state, local and county agencies.
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.
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.
4. HOW DO WE USE OF PERSONAL INFORMATION?
We use Personal Datato 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)
5. DISCLOSE OR SHARE OF PERSONAL INFORMATION
We may disclose the personal informationthat we collect about you as set forth below or as otherwise described at the time of collection or sharing. Information about our customers is important to our business. We are not in the business of selling personal information to unaffiliated third parties for their commercial use. Under certain circumstances and from time to time, we may share your personal information with third parties as set forth herein.
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. For example, we may use third parties to host the Site, operate certain of its features, send emails, print or send mailings, conduct customer research, and manage and analyze data and our advertising effectiveness. These Third Party Services providers are given the information that they need to perform their designated functions and we do not authorize them to use or disclose your personal information for their own or any others’ marketing purposes.
2) Brokerage Company and Affiliates: We may share your personal information with Douglas Elliman and affiliated companies will be subject to this privacy notice. We may pass along personal information submitted by you to one or more of our real estate brokers, agents or affiliates, who may use this information to contact you about our sales, leasing, financing and other services.
3) Owners and Sponsors. We may share your personal information with the owners and sponsors of listings on MARCIAKOUTELLOS.COM (“The Website”) if you are interested in a property. In addition, we may share your personal information with the owners and sponsors of other properties who may seek to sell or lease their properties through us.
4) 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:
- 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.
5) Business transfers: We may disclose or transfer personal information as part of any actual or contemplated merger or sale ( including any transfer made as part of insolvency or bankruptcy proceedings) involving all or part of our businesses or as part of a corporate reorganization, stock sale or other change in corporate control, in addition to due diligence conducted prior to such event where permitted by law.
7) 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.
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.
7. 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.
8. SOCIAL FEATURES AND THIRD PARTY PLUG INS
On the MARCIA KOUTELLOS.COM (“The Website”), the Services may integrate with social sharing features and other related tools which let you log in to the Services or share actions you take on the Services. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service.
Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them. We do not receive or store passwords to your third-party social media accounts in this context.
MARCIA KOUTELLOS.COM (“The Website”), we use technical, administrative, and physical controls in place to help protect personal information from unauthorized access, use, and disclosure of such data. Even so, despite our reasonable efforts, unfortunately, no collection or transmission of information over the Internet can be guaranteed to be 100% secure, and therefore, we cannot guarantee or warrant the security of any such information.
NOTE – It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.
You can opt out of receiving promotional email from us by following the “unsubscribe” instructions at the bottom of any emails we may send you, by emailing us, or by following the links on MARCIA KOUTELLOS.COM (“The Website”) to remove yourself from our mailing list. Unless you open a new account, inquire about a property, contact us or otherwise subsequently sign up to receive newsletters, emails, listing alerts or personalized online advertisements, you will not receive anything further from us.
In the event that the security of your account has been compromised, please immediately notify us in accordance with Section 16 below (“Contact Us”).
10. DATA RETENTION
At MARCIA KOUTELLOS.COM (“The Website”),we will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy notice unless a longer retention period is required or permitted by law. We may retain personal information for longer where required by our legal and regulatory obligations, professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others.
With respect to the data and files we handle as a processor, we retain this personal information in accordance with our clients’ instructions.
11. YOUR RIGHTS AND CHOICES
a) Marketing. You may opt out from receiving marketing-related communications from us on a going-forward basis by contacting us or by using the unsubscribe mechanism contained in each email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
b) Cookies and similar technologies. Please review your browser or device settings for certain cookies and see above to exercise certain choices regarding cookies.
c) Access, amendment and deletion. Under applicable privacy laws, you may have the right to request to review, make amendments, have deleted or otherwise exercise your rights over your personal information that we hold, subject to certain legal limitations and requirements. If you are subject to such a privacy law, you may submit a request to us related to your personal information by submitting a request to us at email@example.com
At MARCIAKOUTELLOS.COM (“The Website”) for users that register on our website. we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
We follow applicable law to take steps to keep your personal information accurate, complete and up-to-date. In your request that is covered by an applicable privacy law, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personal information. We may only implement requests (a) where required by applicable law and (b) with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
d) You can deactivate your account at any time by contacting us at the email address firstname.lastname@example.org. However, you will not be able to access many of the services to deactivate your account. Please note that even if you request deactivation of your account, it may take some time to fulfill this request.
e) Responding to Requests.Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
f) Additional information for certain jurisdictions.We are committed to respecting the privacy rights of individuals under all privacy laws in New York City, New York State and in the United States of America, applicable to us – MARCIAKOUTELLOS.COM – Marcia Koutellos, Licensed Real Estate Salesperson . Some privacy laws require that we provide specific information about individual rights to applicable consumers, which we have set forth at the end of this privacy notice.
The Services are not intended or directed to children under the age of 16, and we do not knowingly collect any personal information, or knowingly track the use of our Services, from children. If we have actual knowledge that personal information about a child under 16 years old has been collected, then we will take appropriate steps to try and delete such personal information.
13. THIRD-PARTY WEBSITES
This Notice does not apply to any services maintained or operated by third-parties, Linked Sites. As a result, consequently, MARCIA KOUTELLOS.COM (“The Website”), MARCIA KOUTELLOS (“MARCIA KOUTELLOS, Licensed Real Estate Salesperson”) are not responsible for the privacy practices of other services, and we expressly disclaim any liability for their actions, including actions related to the use and disclosure of personal information by those Third Party Websites.
We are not responsible 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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) 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) 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 email@example.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 firstname.lastname@example.org. 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.
20. 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.
21. CHANGES TO THIS POLICY
22. ENTIRE AGREEMENT
Phone: (332) 900-1155
At Douglas Elliman Real Estate
575 Madison Ave, New York, NY 10022