Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE

Acceptance of Terms

Schuckman Realty Inc. (the “Company”, “we”, “our” or “us”) maintains this Website https://www.schuckmanrealty.com/ (the “Website”) for your personal use. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of the Website and any of the Company’s social media accounts and webpages (collectively, the “Social Media Sites”), including any content, functionality, and services offered thereon.  As used in herein, the word “Sites” shall include the Company’s Website and Social Media Sites.  

Your access to and use of this Sites is subject to the following Terms of Service. The Company reserves the right to update these Terms of Service at any time without notice to you. The most current version of the Terms of Service may be accessed by clicking on the “Terms of Service” hypertext link located at the bottom of the Site. By using this Site, you accept, without limitation or qualification, these Terms of Service. If you do NOT agree to these Terms of Service, please do NOT use this Site.

By accessing and/or using the Sites, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, located at https://www.schuckmanrealty.com/privacy-policy/ (the “Privacy Policy”), incorporated herein by reference. 

If you do not agree to these Terms of Service and our Privacy Policy, you must not access or use the Sites. If you are dissatisfied with any of the Material or User Content (as such terms are defined in these Terms of Service) contained in the Company’s Sites, your sole and exclusive remedy is to discontinue accessing and using the Sites immediately.

Accuracy and Completeness of Information

While the Company strives to ensure that the information contained on the Sites is accurate and reliable, the Company makes no warranties or representations as to the accuracy, correctness, reliability, or otherwise with respect to such information and assumes no liability or responsibility for any omissions or errors in the content of the Sites.

Modification of Sites

We will periodically revise the information, services, and resources contained in this Site and reserve the right to make such changes without any obligation to notify past, current, or prospective visitors.  The Company will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. You are responsible for both making arrangements necessary for you to have access to the Sites and ensuring that all people who access the Sites through your Internet connection are aware of these Terms of Service and comply with them. 

All changes to the Sites are effective immediately when we post them and apply to all access and to use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Service means that you accept and agree to the changes. These Terms of Service were last updated on December 27, 2024. 

Your Use of the Sites

You may download content for non-commercial, personal use only, provided copyright, trademark, or other proprietary notices remain unchanged and visible. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You agree that you will not otherwise copy, modify, alter, display, distribute, sell, broadcast, or transmit any material on the Site in any manner without the written permission of the Company

The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, the “Material”) are owned by the Company, its licensors, or other providers of such Material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, as well as other Laws (hereinafter defined). Nothing contained in the Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent or other property of the Company or any other person or entity, whether by implication, laches, estoppel, explicit grant or otherwise. No right, title, or interest in or to the Sites or any Materials on the Sites is transferred to you.

You must not modify copies of any Materials from the Sites or delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Sites. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Service, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the Materials you have made.

User Content

The Sites may contain messaging features, personal web pages or profiles, fillable forms, forums and other interactive features that allow users to post, submit, publish, display, or transmit (hereinafter, “Post”) content or materials to the Company, to other users or to other persons, including without limitation posts, comments, reviews, text, images, videos and audio (collectively, “User Content”) on or through the Sites. All User Content must comply with the Content Standards set out in these Terms of Service. Any User Content you Post to the Sites will be considered non-confidential and non-proprietary. By providing any User Content on the Sites, you grant us and our subsidiaries, affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully-paid, non-exclusive, royalty-free, worldwide, perpetual, sublicensable and transferable license to use, post, reproduce, copy, advertise, promote, host, modify, perform, display, transmit, distribute, exploit, prepare derivative works based on, and otherwise deal with or disclose to third parties any such User Content, with or without attribution and for any lawful purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our subsidiaries, affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Content does and will comply with these Terms of Service.
  • Your User Content does not infringe the copyright, trademark, other intellectual property right or any other right of any third party.
  • None of the User Content shall be subject to any obligation on the part of the Company, whatsoever, including without limitation confidentiality, attribution or otherwise.
  • You will maintain all copyright, trademark, other intellectual property and/or other proprietary or other notices embedded in or attached to any User Content that you Post on the Sites.

You understand and acknowledge that you are fully responsible for any User Content you Post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Sites. We neither endorse nor are responsible for any User Content or for any opinion, advice, information, or other statement uploaded to and/or accessible on the Sites. Opinions, comments and other statements expressed by users of the Sites are theirs alone and are not opinions or the responsibility of the Company. The Company is further not responsible for any dispute that arises among users of the Sites.

No Unlawful or Prohibited Use

You are solely responsible for any and all acts and omissions that occur during or relating to your access and/or use of the Company’s Sites. You may use the Sites only for lawful purposes, only incompliance with applicable Laws (defined below) and in accordance with these Terms of Service. Specifically and without limitation, you agree not to do or attempt to do any of the following things:

  • Act in any way that violates any applicable federal, state, local, or international law, statute, regulation or guideline (including without limitation any applicable law, statute, regulation or guideline concerning anti-discrimination, export controls, false advertising, unfair competition or the export of data or software to and from the U.S. or other countries) (collectively, “Laws”). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
  • Post, transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful (collectively, “Viruses”) or attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, re-create, and/or disassemble any portion of the Sites or their source codes or attempt to do any of the foregoing.
  • Otherwise attempt to interfere with the proper working of the Sites.

Content Standards

These content standards apply to any and all User Content and use of the Sites. User Content must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Content must not:

  • Be abusive, obscene, indecent, defamatory, abusive, violent, inflammatory, harassing, offensive, vulgar, profane, threatening, malicious, unlawful, invasive of privacy or publicity rights, intended to be used for any unlawful purpose, or be fraudulent, false or misleading.
  • Violate any Laws.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Be likely to deceive any person.
  • Promote any illegal activity, or instruct, advocate, promote, or assist or any unlawful act.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement

We have the right to:

  • Remove or refuse to post any User Content for any or no reason in our sole discretion.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that User Content or other material posted by you violates their rights, including without limitation their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not routinely monitor the Sites, Material, User Content or other information that is posted by any person or entity (other than the Company) to any and all sections of the Sites. However, we reserve the right to monitor the Sites, Material and User Content and to edit, modify, remove, redact, consolidate and/or clarify any Material, User Content and/or other information that we in our sole discretion consider to violate these Terms of Service, be unlawful and/or for any other reason whatsoever. The Company’s exercise of such reserved rights shall not create any obligation whatsoever for the Company to continue any such monitoring, editing, modifying, removing, redacting, consolidating or clarifying. 

The Company cannot review all material before it is Posted on the Sites, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Material provided by any user or third party. You understand that by accessing and using the Sites, including the Social Media Sites, you may be exposed to material, including without limitation User Content, that may offend you. In such event, your sole and exclusive remedy and recourse is to avoid such material by discontinuing your access to and use of the Sites. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Monitoring and Enforcement section.

Copyrights and Copyright Agent

The Company respects the intellectual property rights of others. Pursuant to Title 17, United States Code, Section 512, which is a part of the United States Digital Millennium Copyright Act (the “DMCA”), notifications of claimed copyright infringement on any of the Sites should be sent to the Company’s designated agent. If you believe that your User Content or other materials have been used in a way that may constitute copyright infringement, you should promptly furnish the following information by written notice to the Company’s designated agent:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of the location on the Sites where the material that you claim is infringing is located;
  4. Your name, address, telephone number and email address;
  5. A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Company’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:

Copyright Agent

Schuckman Realty Inc. 

120 North Village Ave. 

Rockville Centre, NY 11570

516-496-888

contact@schuckmanrealty.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notification may not be effective. The Company has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of users of the Sites who are repeat infringers of copyright.

Termination

Your limited right to access and use the Sites is licensed to you by the Company and is subject to all of the terms and conditions of these Terms of Service, the Privacy Policy, and applicable Laws. At the Company’s sole discretion, this license shall immediately and automatically terminate without notice to you upon your breach and/or threatened or anticipated breach of these Terms of Service, the Privacy Policy, or applicable Laws. In addition, the Company may terminate said license immediately at any time, at shall, for any reason or no reason, and/or for the convenience of the Company. IF YOU DO NOT ABIDE BY THESE TERMS OF SERVICE, THE PRIVACY POLICY, AND APPLICABLE LAWS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE COMPANY’S SITES.

Reliance on Information Posted

The Material on the Sites, including without limitation regarding any products or services, is made available solely for informational purposes. We do not warrant the accuracy, completeness, or usefulness of any such Material, or that any such Material indicates an endorsement or business relationship between the Company and any other individual or entity. Any reliance you place on such Material is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Material by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may include Material provided by third parties, including without limitation Material provided by other users and third party licensors. All statements and/or opinions expressed in these Materials, other than Material directly provided by the Company, are solely the opinions and the responsibility of the person or entity providing those Materials. These Materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Materials on the Sites provided by any third parties.

Links from the Sites

The Company’s Sites may provide hyperlinks to and/or other methods of viewing or accessing other web pages, websites, links, social media accounts, sites and platforms, applications and other resources that are available on the Internet (collectively, “Third Party Content”). This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over any Third Party Content that you access or use via such hyperlinks or otherwise. The Company expressly disclaims any and all responsibility for any Third Party Content or for the consequences of your access or use of any Third Party Content, or for any content, advertising, products, services, information or other materials on or available from such Third Party Content. You acknowledge and agree that the Company shall not be responsible or liable for any damage or loss of any kind whatsoever caused or alleged to have been caused in connection with your use of or reliance on any Third Party Content or any advertising, products, services, information or other materials that may be available on or through any such Third Party Content. It is your sole responsibility to take any and all precautions that you deem necessary and/or appropriate to ensure that any Third Party Content that you may choose to access and use is safe, appropriate for you and/or any other person (including children) viewing such Third Party Content who is accompanying you and/or does not contain any inaccuracies, omissions, Viruses and/or other items of a destructive nature. 

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY: (I) HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE; AND (II) WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, DEVICE, EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL. YOUR USE OF THE SITES, THEIR MATERIAL, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR MATERIAL, AND ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR MATERIAL, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, COMPLETE, TIMELY, RELIABLE, SECURE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS. YOU ACKNOWLEDGE THAT THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITES.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES (INCLUDING BUT NOT LIMITED TO THE APP), ANY WEBSITES LINKED TO THEM, ANY MATERIAL ON THE SITES OR CONTENT ON SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, and its and their respective officers, directors, members, employees, contractors, agents, licensors, service providers, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your actual or alleged violation of these Terms of Service or the Privacy Policy; (b) your use of the Sites; (c) your User Content, including without limitation any claims of intellectual property infringement; (d) any use of the Sites’ Material, products and services other than as expressly authorized in these Terms of Service, or (e) your use of any Material obtained from the Sites. The Company reserves the right to assume, at your sole expense, the exclusive defense and control of any matter that is subject to indemnification by you hereunder. In such event, you agree to cooperate fully at your sole expense with the Company in asserting, prosecuting or alleging any and all available defenses, counterclaims, cross-claims and any and all other pleadings, allegations or evidence and in all other respects at the Company’s written request at any time.

Governing Law and Venue

All claims, disputes or legal proceedings arising out of or in connection with the Sites, these Terms of Service and the Privacy Policy shall be interpreted under and governed by the substantive law of the United States of America and the State of New York including, without limitation, its validity, interpretation, performance or breach, shall be adjudicated exclusively in the United States District Court for the Eastern District of New York located in Suffolk County, New York or the Supreme Court of the State of New York located in Nassau County. You and the Company have agreed to these Terms of Service within the State of New York for all purposes. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. These Terms of Service and its validity and effect shall be interpreted under and governed by the substantive laws of the United States of America and the State of New York, without regard to principles of conflict of laws.

YOU AGREE TO WAIVE ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM, DISPUTE OR LEGAL PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THIS POLICY. IN ANY SUCH CLAIM, DISPUTE OR LEGAL PROCEEDING, YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS, DISPUTES OR LEGAL PROCEEDINGS BY OR AGAINST OTHER CUSTOMERS IN COURT OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

General Terms

These Terms of Service, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites, constitute the entire agreement between you and the Company with respect to the matters herein and therein and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, written and oral, between the Company and you. No action or inaction by the Company shall be construed as a waiver of these Terms of Service, the Privacy Policy, or any other terms or conditions posted on any of the Company’s Sites. No waiver by the Company of any term or condition in these Terms of Service, the Privacy Policy, or any other terms or conditions posted on any of the Company’s Sites shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any of the provisions of these Terms of Service, the Privacy Policy, or any other terms or conditions posted on any of the Company’s Sites are held to be invalid, unenforceable or illegal, such provision shall be eliminated or limited to the minimum extent such that the validity and enforceability of the remaining provisions of these Terms of Service, the Privacy Policy, and any other terms or conditions posted on any of the Company’s Sites shall not be effected thereby and shall continue in full force and effect.