TERMS OF USE THESE TERMS OF USE GOVERN YOUR USE OF THE REAL ESTATE BOARD OF NEW YORK, INC. RLS LISTING® SERVICE (THE "SERVICE") ON THIS WEB SITE. THE SERVICE IS PROVIDED BY VIRTUAL OPEN EXCHANGE, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("VOEX"). BY ACCESSING THIS SITE AND THE SERVICE, YOU ARE INDICATING YOUR BONA FIDE INTEREST IN THE PURCHASE, SALE, OR LEASE OF AN EXCLUSIVE PROPERTY OFFERED IN THIS SITE; YOU ACKNOWLEDGE AND ACCEPT THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY VOEX AT ANY TIME IN ITS DISCRETION AND ANY CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THIS SITE. YOUR USE OF THE SERVICE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. Restrictions on Use You may use the Service only for the purposes expressly permitted by these Terms of Use. You may not use the Service for any other purpose, including any commercial purpose, and you may not (and may not authorize any other party to) (i) co-brand the Service, or (ii) frame the Service, or (iii) link to the Service, or (iv) cross-compile information from the Service, or (v) re-engineer information from the Service, without the express prior written permission of an authorized representative of VOEX. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Service or content accessible through the Service. You agree to cooperate with VOEX in causing any unauthorized co-branding, framing or linking to immediately cease. Disclosure and Acknowledgement of Lawful Broker Consumer Relationship You acknowledge the broker disclosure(s) appended to this agreement as mandated by the corresponding States where real property of interest to you may be located. Proprietary Information You acknowledge ownership of RLS Listings contained in this site are Exclusive Listings of the RLS Listing brokers with valid copyrights to such property listings. The Service is proprietary to VOEX, and as such, VOEX retains all right, title, and interest in the Service and its underlying code (the "Code"). Accordingly, the Code may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of VOEX. Neither title nor intellectual property rights are transferred to you by your access to the Service through this site. Disclaimer You understand that VOEX cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. VOEX does not assume any responsibility or risk for your use of the Internet. The search results provided by the Service are not necessarily complete and up-to-date. Information obtained by using the Service is not exhaustive and may not cover all information relevant to your goals. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK, AND IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. VOEX DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VOEX DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOEX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SERVICE AND THE SEARCH RESULTS DIAPLAYED BY THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VOEX MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT VOEX, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICE OR ITS SEARCH RESULTS. VOEX MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS. THIRD-PARTY LINKS, SERVICES OR RESOURCES AND INFORMATION THAT VOEX MAKES AVAILABLE THROUGH THE SERVICE ARE NOT CONTROLLED BY VOEX. ACCORDINGLY, VOEX MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION. Limitation On Liability VOEX, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, ATTORNEYS, AND DIRECTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE EVEN IF VOEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Indemnity You will indemnify and hold VOEX, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, owners, officers, directors, attorneys, and contractors (collectively, the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of the Service other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Service or its search results through this site. Trademarks Trademarks, service marks, and logos (the "Marks") appearing within the Service are the property of VOEX or the party that provided the Marks to VOEX. VOEX and any party that provided the Marks to VOEX retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. You are not permitted to use the Marks without the prior written consent of VOEX or other third party owner of any of the Marks. Submissions Any comments, content, remarks, suggestions, ideas, graphics, or other information communicated to VOEX through the Service (collectively, the "Submission") shall become the property of VOEX. You hereby grant to VOEX the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. VOEX will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of VOEX. You should not send through the Service any comments, ideas or materials that you do not wish to be assigned to VOEX. Security You are prohibited from using the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. VOEX reserves the right to investigate suspected violations of these Terms of Use. VOEX reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing VOEX to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS VOEX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VOEX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VOEX OR LAW ENFORCEMENT AUTHORITIES. Termination In its sole and absolute discretion, with or without notice to you, VOEX may suspend or terminate your use the Service. Miscellaneous These Terms of Use will be governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with any dispute between you and VOEX arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that in the event of any dispute, claim, question or disagreement arising from or relating to these Terms of Use or the breach thereof, the parties hereto shall use commercially reasonable efforts to settle the dispute, claim, question or disagreement. In the event any dispute is not resolved, such dispute shall be finally settled by arbitration administered by the National Arbitration Forum in accordance with the provisions of its Code of Procedure. In the event of a dispute under this Agreement, for purposes of arbitration, venue shall lie in Delware, and all parties hereby submit to such venue and waive any claims of an inconvenient forum. If any part of these Terms of Use is determined to be unlawful, void or unenforceable, that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and VOEX relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. VOEX may revise these Terms of Use at any time by updating this posting.

THIS IS NOT A CONTRACT New York State law requires real estate licensees who are acting as agents of buyers and sellers of property to advise the potential buyers and 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 associates. Throughout the transaction you may receive more than one disclosure form. The law requires 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.
Disclosure Regarding Real Estate Agency Relationships
Seller's Agent
A seller's agent is an agent who is engaged by a seller to represent the seller's interest. 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.
Buyer's Agent
A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interest. 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.
Broker's Agents
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.
Dual 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. Dual Agent with Designated Sales Agents 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.
Connecticut State Real Estate Agency Disclosure Notice
Given to Unrepresented Persons
This is not a contract. Connecticut law requires that you be given this notice disclosing whom the real estate licensee represents. The purpose of such disclosure is to enable you to make informed choices about your relationship with real estate licensees.
Unrepresented Persons Rights and Responsibilities
1. The brokers andsalespersons (referred to as agents or licnesees) in this transaction owe the other party to this transaction undivided fiduciary obligations, such as, loyalty, reasonable care, disclosure, obedience to lawful instructions, confidentiality, and accountability.
2. All real estate agents, whether representing you or not, are obliged by law to treat all parties to the real estate transaction honestly and fairly.
3. You have the responsibility to protect your own interests. Carefully read all agreements to make sure they accurately reflect your understanding. If you need additional advice fro legal, tax, insurance or other such matters, it is you responsibility to consult a professional in those areas.
4. Whether you are a buyer, seller, tenant, or landlord, you can choose to have the advice, assistance and representation of your own real estate brokerage firm and its agents. Do not assume that a real estate brokerage firm or its agents are representing you or are acting in your behalf unless you have contracted in writing with that real estate brokerage firm
Last updated: April 1, 2010.