Terms and Conditions

This website is operated by Gaia Real Estate Investment, LLC (“GAIA”, “we”, or “us”). This website (“Website”) is provided to you subject to the following terms of use (“Terms of Use”).

VISITING OR OTHERWISE USING THE WEBSITE OR CONTENT OBTAINED DIRECTLY OR INDIRECTLY FROM THE WEBSITE, CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT SO CONSENT, YOU MAY NOT VISIT THE WEBSITE OR USE ANY OF ITS CONTENT. PLEASE READ THESE TERMS OF USE CAREFULLY. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE PERIODICALLY. IF, AT ANY TIME, YOU DISAGREE WITH ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE OR ANY OF ITS FUNCTIONALITIES. PLEASE NOTE THAT WE MAY REVISE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE TO YOU. YOU CONFIRM, REPRESENT AND WARRANT THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to the Website and use of the content found on the Website, including without limitation, the sales and rental listings, text, software (whether downloadable or non-downloadable), technology, user interfaces, profiles, widgets, icons, messages, links, emails, graphics, photographs, images, data compilations, information, video, code, all audio visual or other material appearing on or emanating to and/or from the Website, as well as the design and appearance of our websites and the accompanying information and documentation (collectively, “the Content”). By visiting or using the Website or the Content, you agree to our Privacy Policy, as in effect from time to time. We may modify our Privacy Policy at any time.

License and Website Access

GAIA grants you a limited license to access and make use of the Website and not to download (other than as necessary for page viewing) or modify the Website, or any portion of the Website, except with our express written consent. This license does not include any resale or commercial use of the Website or the Content; any derivative use of the Website and the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, distributed, duplicated, republished, copied, sold, resold or otherwise exploited without our express written consent. You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GAIA without our express written consent. Any unauthorized use of the Website automatically terminates your permission or license to use our Website.

The Website may allow for downloading of Content and Content-related software for mobile devices (“Mobile Applications”). The use of any such Mobile Applications is expressly governed by these Terms of Use

You agree that you will not directly or indirectly upload, input or otherwise send us any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or any material that constitutes malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of "spam." You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use the Website for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead or misrepresent your identity in any manner.

We attempt to provide accurate descriptions of the Content. However, we do not warrant that descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.Please note that due to the extremely fast pace of the real estate markets, listings may become unavailable before this Website is updated. Similarly, new properties become available every day and may not appear immediately on this Website. Please contact the office or agent listed next to the property you are interested in and we will try to accommodate your needs.

The Content provided on our Website is not intended to and does not constitute legal, accounting, tax, investment, consulting or other professional advice or services. Before making any decision, you must rely on your own examination of the Content provided herein and make your own inquiries and consult your own qualified professional advisorswith respect to such Content. Your use of the Content is at your own risk. We expressly disclaim any and all liability in connection with your use of the Content.

From time to time, the Website may include links to third party websites or portions thereof as a convenience to you. These sites may collect data or solicit personal information from you. We do not monitor or endorse any websites or the information, products or services contained on or accessible through such websites. These websites are not under our control and we are not liable for the content or accuracy of those websites or the products or services offered on or through those websites. If you access such websites, you do so solely at your own risk.

The Website may host or co-host certain third party content operated by and belonging to such third parties (“Third Party Content”). Third Party Content is subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions of the respective owners of Third Party Content, who retain all ownership and intellectual property rights therein. We expressly disclaim any and all liability in connection with your use of Third Party Content. Any such use of Third Party Content is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

User Account

To the extent permitted by us, from time to time, if you wish to register to use our Website you must continue to abide by these Terms of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GAIA reserves the right to refuse service, terminate accounts, remove or edit the Content in its sole discretion.

Intellectual Property

Subject to the provisions of these Terms of Use, our Website and the Content are owned by or licensed to GAIA, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. GAIA reserves all rights to the Content. You agree not to engage in the use, copying, or distribution of any Content unless you are expressly permitted to do so by a written agreement with us. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content. You agree not to copy, publish, retransmit, broadcast, disseminate, distribute, commercially exploit, sell, modify, decompile, reverse engineer, disassemble or create derivative works from the Content.

All product, brand and company names and logos used on our Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Website, whether or not owned and/or operated by GAIA (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited.  You may not use metatags or any other "hidden text" utilizing "GAIA" or any other name, trademark, service mark or product or service name of GAIA without our prior written permission.  In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GAIA and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Copyright Policy and Complaints

GAIA respects the intellectual property of others. If you believe that any material on the Website or any use of the Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing can be found on the Website;
  • Your address, telephone number, and email address;
  • A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

Send the notification to us as follows:

Gaia Real Estate

info@gaiare.com

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of GAIA or any third party.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THE WEBSITE ARE PROVIDED BY US ON AN "AS IS", "WHERE IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GAIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE AND ABSOLUTE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GAIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GAIA DOES NOT WARRANT THAT THE WEBSITE, THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM GAIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL GAIA OR ANY OF ITS AFFILIATES OR CUSTOMERS, SUPPLIERS OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING FROM YOUR USE OF THE WEBSITE OR FROM THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT, SHALL THE TOTAL MAXIMUM AGGREGATE LIABILITY OF GAIA UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE WEBSITE IN ANY MANNER WHATSOEVER EXCEED THE AMOUNT ACTUALLY PAID, IF ANY, TO GAIA BY THE INJURED PARTY. IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF GAIA OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify, defend and hold GAIA and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, customers and users of the Content (collectively, the "GAIA Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any GAIA Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; (iii) any use or alleged use of the Website or the Content by you or anyone within your control; (iv) any third party claim against GAIA as a result of your use of the Website.

GAIA reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GAIA's defense of such claim. GAIA may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

Disputes and Applicable Law

By visiting the Website, you agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GAIA. You further agree that you are waiving the right to a trial by jury or a right to participate in a class action. Any dispute relating in any way to your visit to the Website or your use of the Content, products or services offered or distributed by GAIA or through GAIA shall be solely settled by final and binding arbitration administered by the American Arbitration Association in New York City accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Changes and Severability

You agree to check these Terms of Use periodically for new information and terms that govern your use of the Website. We reserve the right to make changes to the Website, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Communication with GAIA

You may contact us at:

Gaia Real Estate

152 W 57 Street, New York, NY 10019

You agree to receive communications from us electronically regarding your account, these Term of Use and the Website, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications are not confidential unless otherwise agreed in writing with us.