Terms and Conditions

The submission of information to, and use of, the ePropertyWorld Directory and Listing ("EPW") web site is subject to the following terms and conditions. By submitting information to, or accessing information from, EPW, YOU, the customer ("Customer") UNDERSTAND AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

IF YOU DO NOT AGREE to these Terms and Conditions, then, do not submit information to, or access information from, EPW. If you have any questions regarding this Agreement, please direct them to: President, EPW, Inc., 2406 Boston Post Road, Larchmont, NY 10538. EPW may update these terms and conditions at any time and without notice. The latest, updated version of the terms and conditions is available on the EPW website. These Terms and Conditions are a legal agreement between you and EPW. ("EPW" or the "Company").


Membership Privileges
Membership privileges are granted exclusively by EPW to individuals and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of EPW. EPW requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the EPW system. Members are not permitted to share their individual logon information with others. EPW has the right to refuse or cancel EPW to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the EPW.

Email Notification

EPW utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant EPW the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes EPW determines to be relevant including, but not limited to, system messages, product updates, EPW announcements and other marketing messages. EPW will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will EPW have any liability for sending any email to its registered users/customers.

Submission and Administration of Listings
Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to EPW unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on EPW's website. The Company may, in its sole discretion but without any obligation to search for such, remove listings, information or advertisements that are alleged to have been submitted in violation of this provision. In addition, the EPW may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the EPW website. The Company shall have the sole authority to choose the manner in which any Property, Personal, Professional or Business Listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the EPW website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the EPW system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the EPW website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to EPW.

Use of Information
Customer agrees to treat all information and Listings obtained from the EPW as proprietary to EPW. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of EPW. EPW does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at the Customer's own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Listings to personal and internal use, and shall not use Listings obtained from the EPW for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Listings obtained from the EPW for or in connection with any other listing EPW or device. Customers violating these specific terms, specifically those customers searching the EPW in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership.

 
Payment Terms
Customer agrees to pay for all products ordered through the EPW web site or via the Client EPWs using the payment method indicated and provides EPW express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of EPW products, EPWs, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, EPW may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Subscriptions will automatically renew unless Customer contacts EPW in writing or by calling Client EPWs 30 days prior to the renewal date and indicates its intent to cancel its subscription. Customer may cancel their EPW product membership by emailing Client EPWs (Support@epropertyworld.com) or leaving a voicemail cancellation request (914-834-4488). All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The Company reserves the right to change its fees or billing methods at any time. It is the Customer's responsibility to promptly providing the Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).

Listing Restrictions
EPW Directory Basic and Paid Subscription Listings will be reviewed and evaluated by EPW for selection and inclusion on the EPW web site. All listings must be deemed by EPW to be relevant and of interest to the Commercial Real Estate trade. EPW reserves the right to add, remove, edit or re-list any Basic free or paid listing if the listing is deemed irrelevant, inappropriate, mis-categorized or for any reason or for no reason, at the full and sole discretion of EPW.

Unsolicited Commercial Email (Spam)
EPW prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam) or otherwise send content that would violate these Terms and Conditions. EPW has the right to revoke the privileges of any customer or company that breaches these terms.

Ownership and License Grant
EPW retains all rights (including intellectual property rights), title and interest in the EPW Web site technology and brochures and all underlying technology and data including any enhancements and improvements thereto. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of EPW's technology or delete or alter author attributes or copyright notices. Customer shall use the EPW system solely for their own use and shall not allow others to use the EPW system under or through that Customer's login ID/email and password.

Limitation of Liability and Indemnification
IN NO EVENT SHALL EPW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and EPW's entire liability under this Agreement shall be a refund to Customer of the fees paid to EPW hereunder, and in no event will EPW's liability for any reason exceed such fee. EPW (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the deliverables, and Customer shall indemnify EPW (and EPW's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of EPW’s services or the deliverables.

Warranty Disclaimers
THE LISTINGS AND EPW ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EPW MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR EPW, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND EPW SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.

Other Rights of EPW
Customer agrees that EPW shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by EPW customers and partners. EPW shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the EPW, and reserves the right to remove all or any part of a Listing or refuse EPW’s services or access to EPW to anyone at any time in its sole discretion. EPW shall have no obligation to (i) resolve disputes among users of the EPW; or (ii) monitor or verify the accuracy or proper use of the Listings. EPW reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on EPW's corporate web site.

Miscellaneous
The deliverables provided by EPW shall be governed by the laws of the State of New York, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Westchester County, New York. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of EPW, which retains the right to withhold consent in its sole discretion. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Executive Officer at EPW.