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MLX.com Terms and Conditions · MLX Insider membership services include consultation, a private login Account to MLX.com, MLX Online Check In, Apartment Matches, Apartment Wanted posting, Elert notifications of new apartments and other online services and tools. · I hereby authorize MLX to charge my credit card the above amount. · MLX Insider membership is valid for the sooner of buying/renting an apartment or two months. If, however, I have not rented or bought an apartment within two months and wish to continue my MLX Insider membership, I may renew without charge for additional two-month intervals up to an additional ten months. · All MLX Insider Membership Services are for my exclusive and personal use to locate one (1) apartment. · All fees are non-refundable and sales are final. · I represent that I am neither a licensed broker nor acting on behalf of a licensed broker to access MLX Insider membership services. · I understand that all advice and site material, including but not limited to apartment availability, is provided on a best efforts basis and provided subject to error, omission, change or withdrawal without notice. MLX recommends that site material be confirmed with the contact person before viewing. · Upon my initial login as an Insider, 75% of my matched apartments may be available since the first batch contains both today's and previous days' matches. Thereafter, Elerts and "new" apartments should be available if I act promptly. · MLX is not an Apartment Information Vendor. MLX.com Terms of Service Welcome to MLX.com. Principal Connections Limited dba MLX offers a variety of services for buyers, renters, sellers, landlords and brokers. MLX provides its service to you subject to the following Terms of Service ("TOS") which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.mlx.com/TOS. To ensure that you have a successful experience with MLX, please read the following: 1.1 CLIENT MEMBERSHIP 1.1 This User Agreement herein constitutes User's Agreement with Principal Connections Limited d/b/a/ Metro List Xpress or MLX ("MLX") with respect to User's usage of services. In order to become or remain an authorized User of MLX services, User agrees to abide by all of the terms and conditions set forth in this User Agreement. 1.2 Use of the services by User constitutes User's agreement with the terms and conditions of this User Agreement. MLX reserves the right, at its discretion, to change, modify, add or remove portions of this User Agreement at any time. Login and use of the websites constitutes acceptance of all terms and conditions and User is solely responsible for knowledge of terms. 2. CODE OF CONDUCT 2.1 While using any of MLX's services, including but not limited to property matches, Apartment Wanted, Check In, Forums, discussions, Ask MLX, User acknowledges: · When requesting or conducting a property search, User agrees to request or enter property criteria that are a good faith representation of his desired property. · User acknowledges and agrees that by submitting any questions, testimonial, resource, link, information, content or other materials, including but not limited to property available or property wanted postings, to MLX ("User Content"), User grants to MLX a nonexclusive, royalty-free, irrevocable, worldwide license to link to, reproduce, distribute, adapt, perform, display, sublicense and prepare derivative works based upon the submitted User Content. Further, by submitting User Content to MLX, User acknowledges that User has the authority to grant such rights to MLX. · MLX web contains links to other related World Wide Web Internet sites, resources, and sponsors of MLX Properties. User acknowledges MLX is not responsible for the availability of these outside resources or their contents. Any concerns by User regarding any external link should be directed to that site's administrator or Webmaster. 2.2 While using any of MLX's services, including but not limited to Apartment Wanted, Check In, Ask MLX, User agrees not to: · Upload, distribute or otherwise post or transmit any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind; · Upload, distribute, or otherwise post or transmit any advertising, promotion or solicitation of goods or services for commercial purposes; · Upload, distribute, or otherwise post or transmit any information or software that contains a virus, worm, trojan horse or other harmful or disruptive component; · Upload, distribute, or otherwise post or transmit materials in violation of another party's copyright or intellectual property rights; · Use the services for any commercial or unlawful research and information gathering purposes; or · Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the site matierial. While using MLX services, User agrees to comply with all applicable laws, rules and regulations in connection with the Site and Site-related services. 2.3 User acknowledges and agrees that MLX has the right to monitor the services and to disclose any information necessary to operate the services properly, to protect itself and its sponsors and customers and to comply with legal obligations or governmental requests. MLX reserves the right to refuse to post or to remove any advertisement, information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. MLX also reserves the right to prohibit any user who, in MLX's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the services. Such prohibition may occur without notice to the user. 2.4 User agrees to indemnify, defend and hold harmless MLX, its affiliates and its sponsors against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) User's breach of this Agreement, (b) User's violation of the Code of Conduct and/or (c) User's activities in connection with the Properties or Property-related Services. 2.5 The contents of MLX services are its valuable trade secrets and protected by copyrights of the MLX. The service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not copy, duplicate, modify, publish, transmit, adapt, translate, participate in the transfer or sale of, reproduce, create derivative works, enter into a database, distribute, perform, display, reverse engineer, decompile or disassemble or in any other way exploit the site material or services in whole or in part. 2.6 User may download or copy site material and other downloadable items displayed on this service for personal use only, provided that User maintains all copyright and other notices contained in such site material. User shall not store any significant portion of any site material owned by, or licensed to, or aggregated by MLX, or sourced from MLX, in any form. Copying or storing of any site material for other than personal, non-commercial use is expressly prohibited without the prior written permission from MLX. 3. REPRESENTATIONS AND WARRANTIES 3.1 All site material, including but not limited to property available and wanted postings and sponsor/advertiser offers, presented by or through MLX services, is presented subject to errors, omissions, change or withdrawal without notification. MLX does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other site material displayed, uploaded, or distributed through the service by any User, information provider or any other person or entity. MLX accepts no responsibility or liability for sponsor or advertised offers. MLX Insider and Guest redemption of offers is entirely a matter between the Insider/Guest and vendor. User acknowledges that any reliance upon any such opinion, advice, statement, memorandum, or site material shall be at User's sole risk. MLX reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Service. 3.2 The services and all downloadable software are distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. User hereby acknowledges that use of the Service is at User's sole risk. 3.3 User represents he is of serious intent to buy, rent, sublet a Manhattan residence. All MLX materials are for his exclusive and personal use to locate one (1) apartment. User represents he is neither a licensed broker or listing service nor acting on behalf of a licensed broker or listing service in accessing MLX services. User represents that he has never been convicted of any misdemeanor or felony and agrees to furnish two pieces of identification if requested by MLX. 3.4 User represents, warrants, and covenants that no materials of any kind submitted through User's account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. User hereby indemnifies, defends and holds MLX, and all officers, directors, owners, agents, site material providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by User or any user of User's account. 4. REGISTRATION, SECURITY, EXPIRATION AND PRIVACY 4.1 As part of the registration process, User shall select a User Name and Password. User shall provide MLX with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not register under the name of another person with or without the intent to impersonate that person. 4.2 (a) User shall notify Help@mlx.com of any known or suspected unauthorized use(s) of User's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User 's password or credit card information. (b) User shall be responsible for maintaining the confidentiality of User's password. 4.3 User must be 18 years or older to subscribe to the Service. 4.4 Use of any password-protected area of the services is restricted to the individual Guest or Insider who has been given permission and a password to enter such area. The password shall not be distributed to others, and the Guest or Insider is responsible for any and all damages to MLX resulting from the distribution of his or her password. If more than one individual wishes to use a single password belonging to a Guest or Insider, such Guest or Insider shall request permission from MLX in writing, it being understood that MLX shall be under no obligation to approve any such request. User shall not provide, lend or share access to any other individuals. Each User is responsible for all usage or activity on MLX account, including use of the account by any third party authorized by User to use User's Account and Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's account, at MLX's sole discretion, and User may be referred to appropriate law enforcement agencies. 4.5 User's account shall expire the sooner of User finding an apartment or one year. Insider accounts shall be automatically deactivated after three months and may be reactivated upon Insider's request if Insider requires continuation of his Apartment Wanted account. 4.6 MLX is committed to protecting your privacy. No individual user information shall be communicated to any entity except with your prior consent. Aggregate statistical data, such as page preference, number of page views and duration on website, is used to analyze user behavior and to tailor MLX services to Users. 5. PURCHASES, FEES AND PAYMENTS 5.1. Any fees charged by MLX are for advertising and not for the purchase of information. MLX reserves the right at any time to charge and to change fees for MLX services. User shall pay all fees and charges incurred through User's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the service by MLX or by any other vendor or service provider. If advertising, products or services are made available, and if User wishes to license or make purchases of advertisements, products or services described on MLX, User may be asked by the applicable merchant or service provider to supply certain information, including but not limited to credit card or other payment information. User agrees that all information that User provided to MLX or any such merchant or service provider shall be accurate, complete and current. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. Uses shall also be responsible for paying any applicable taxes relating to User's purchases. Moreover, User agrees to review and to comply with the terms and conditions of any specific agreement that User enters into with the merchant and/or service provider in connection with the licensing or purchase of any product or service. User's right to use the Service is subject to any limits established by MLX in its sole discretion. 5.2 User agrees that accompanying Registration Form constitutes a Sales Slip. User/Cardholder acknowledges receipt of goods and/or services of amount shown on accompanying Registration Form and agrees to perform all obligations set forth in the Cardholder's Agreement with the Issuer. All sales are final. 6. COMMUNICATIONS BETWEEN MLX AND USERS 6.1 Unless User indicates on the User Registration document that User does not want to receive such information, MLX reserves the right to disclose certain limited User information (e.g., User's name, mailing address) to third party vendors for the purpose of providing User with information about products and services. 6.2 MLX reserves the right to send electronic mail to any and all Users, for the purpose of informing them of changes or additions to the Service, or of any MLX related products and services. 6.3 MLX reserves the right to disclose information about User usage and demographics in forms that do not reveal Users' identities. 7. SOFTWARE LICENSES 7.1 User shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to User to access the service. User may not sublicense, assign or transfer any licenses granted by MLX. User may not copy, distribute, modify, reverse engineer, or create derivative works from MLX's software products. 8. TERMINATION 8.1 User may terminate User's account at any time by sending email to: cancel@mlx.com. Upon termination, User will receive an automated confirmation via e-mail that the request was received, and User's access will be suspended within 24 hours. User is responsible for all charges incurred up to the time the account is deactivated. 8.2 MLX may, in its sole discretion, terminate or suspend User's access to all or part of the Service for any reason, including, without limitation, breach of the User Agreement, or assignment of the User Agreement by User. 9. LIQUIDATED DAMAGES, LEGAL EXPENSES 9.1 User agrees that liquidated value for any unauthorized login or use is $10,000 per incident including but not limited to login, search, profile change of User's Account by User or another or sale or loan of any MLX Account or MLX site material to any individual or broker/salesperson. User agrees to pay MLX the sum of no less than $10,000 for each violation of this Agreement. In the event of litigation in which MLX prevails, User agrees to reimburse MLX for all legal fees. 9.2 User agrees that in the event of a legal proceeding in which MLX prevails, User shall be liable for all attorney and legal expenses of MLX. 10. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. MLX may (i) change the terms of this Agreement, (ii) change MLX services, including eliminating or discontinuing any content or feature of the services, restricting the hours of availability or limiting the amount of use permitted, or (iii) change any fees or charges for use of the services, including instituting new or increased fees or charges for the use of the services, by sending notice to User via e-mail (at the most current e-mail address for User in MLX's records) fourteen (14) days in advance of the date on which such modification takes effect or by posting notice of such modification on a page of the services entitled "Legal Notices" or "Legal Information" at least fourteen (14) days before the modification takes effect. MLX reserves the right in its sole discretion to terminate the use of the services by a User at any time. If User uses the services after MLX has notified User of a change in the Agreement, User agrees to be bound by all of the changes. User shall review MLX's Terms of Service periodically to ensure familiarity with the most current version. 11. MISCELLANEOUS 11.1 This User Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York City. 11.2 Official correspondence must be sent via postal mail to: MLX 11 W. 25th Street 10th floor New York, NY 10010 11.3 Note: An Insider Rentals AND Sales Account is only $199. Call (212) 220-4663 for details. 11.4 ALL FEES ARE NONREFUNDABLE AND SALES ARE FINAL 11.5 MLX is not an Apartment Information Vendor.
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