ApplyPort

 

 

Onlinebuilding's Terms of Use

 

TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITES

 

Last Updated: 11/10/2009


Please review this Terms of Use Agreement ("Agreement"). By accessing, browsing or using this website, or any of the websites owned and operated by Onlinebuildings.com, Inc. (OLB), it’s divisions or service groups, or any page thereof, through any direct or indirect means (individually or collectively, "Websites" or "Website"), or by using the goods, facilities or services offered in or through the Websites through alternative methods (including, for example, telephone, mail, email or facsimile), you accept and agree to be bound by these Terms of Use (the terms "Website" and "Websites" include use through these alternative methods).

 

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. These provisions form an essential basis of our bargain.

 

If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.

 

For purposes of this Agreement, "You" or "Your" means the person(s) using the Websites, and/or the goods, facilities or services of OLB companies offered through alternative methods, including persons that allow others to provide information about themselves to OLB (as defined below), the board associations, property management companies and brokers on OLB's ApplyPort network ("Members"). "OLB", "us" or "we" means, but is not limited to the following entities:

 

• Onlinebuildings.com, Inc.

 
THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.


OLB operates the Websites and shall have the right at any time to change or discontinue any aspect or feature of the Websites and the right to modify the terms and conditions applicable to users of the Websites, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Websites. Any use by you of the Websites or the goods, facilities or services offered in or through the Websites shall be deemed to constitute acceptance of such changes.


INFORMATION SECURITY POLICY
The OLB Consumer Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites, received directly from you or transmitted to or from third parties.

 

ONLINE APPLICATIONS
OLB offers an online application and forms system which can be used to develop many different types of applications and forms where applicants enter and submit, electronically, personal and financial information that may be used to evaluate the applicant’s request for consideration.  Two examples of such applications and forms are

 

  • OLB offers an online application system that allows applicants to prepare and submit building association applications for the approval by Association Boards of the purchase, lease and transfer of apartments and re-financing of loans related to those apartments.
  • OLB offers an online bank questionnaire that is prepared and submitted to a lending institution that is considering making a loan on a particular apartment.  The questionnaire contains information about the related building that the lending institution needs as part of the due diligence.

 

The Websites and the services provided by OLB are available in connection with preparing and submitting these applications and fostering other relationships between property owners, tenants, landlords, property management companies, brokers, bankers and other parties to transactions in the real estate sector.


The personal and financial data and other information you may provide OLB is not, and is not treated as, an application to be pre-approved, pre-qualified or any similar concept. OLB does not guarantee acceptance of any particular application or specific terms or conditions with any board association or property management company; application approval standards are established and maintained solely by individual board associations and their property management companies.  OLB and the appropriate Association Boards and Property Management Companies may obtain, verify and record information that identifies each person who submits an application through us to them.  Our clients and we may ask for your name, Social Security Number, address, date of birth and other important information including information received from your credit file that will allow our clients to properly identify you. During the application process, they may also ask to see your driver’s license or other identifying documentation.


OLB is paid a fee for goods, facilities and services provided. Regardless whether your application is approved you will be responsible for paying any and all non-refundable fees as documented on your application.

 

When clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission ("submission") you understand that you are agreeing to the stated terms and conditions of that submission and that you are preparing and submitting an application through OLB to the property management company and ultimately the association board responsible for reviewing your particular application. By submitting the application containing your electronic signature, you are extending an express invitation to each board association and property management company to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from property management companies or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, state or federal law or regulation.

 

By saving your information with OLB or by doing a submission, you give OLB, the appropriate association board and property management company permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete application requirements, deadlines, quality of services or other matters in connection with your application. For any service, you represent that all of the information you have provided in your submission is true and complete.

 

By submitting an application, you authorize OLB to provide information provided by you or third parties either to association boards, property management companies, brokers and other parties on the OLB network (ApplyPort) necessary to complete a review of your application. You also authorize OLB,  association boards, property management companies, brokers and other parties necessary to complete a review of your application, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to check your credit and employment history.


OLB expressly reserves the right to discontinue, suspend or terminate the offering of any product or service in any specific state through the Websites at any time, without prior notice.

 

By creating an account or otherwise registering with any of the OLB sites, you hereby understand and agree that you have established a business relationship between you and Onlinebuildings.com, Inc., which is the owner of these sites. As such, you agree that OLB may contact you using information you provided with information and offers of services available through OLB and the Websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.


COPYRIGHT, TRADEMARK AND SERVICE MARK NOTICES
All contents of the Websites are: Copyright © 1999 - 2017 Onlinebuildings.com, Inc, 1001 Avenue of the
Americas, New York, NY 10018.  All rights reserved. Other product and company names mentioned herein, including the names of our clients, may be the trademarks of their respective owners.


Nothing on the Websites should be construed as granting, by implication, estoppels or otherwise, any license or right to use any service mark or trademark (individually and collectively, "Mark" or "Marks") displayed on the Websites, without the prior written permission of OLB or the applicable Mark holder specific for each such use. The Marks may not be used to disparage OLB, the property management companies, board associations, the applicable third party or the products or services of such parties, nor shall they be used in any manner that may damage any goodwill in the Marks. Use of any Mark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by OLB in writing.


The Websites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the
United States copyright laws. OLB owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of OLB and the copyright owner. Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.


DISCLAIMERS AND LIABILITY
OLB intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by OLB at any time. Under no circumstances will OLB be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.


THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS". OLB AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR OLB'S SERVICES IS AT YOUR OWN RISK. OLB AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR OLB'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OLB RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OLB AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
OLB and real estate professionals may choose to electronically deliver all information related to its services and your applications. OLB and real estate professionals' electronic communications to you may transmit or convey information about action taken on your application, portions of your application that may be incomplete or require additional explanation, any notices required under applicable law, which may include any Federal Truth-in-Lending disclosures, other terms, conditions and documents, and the privacy policies of OLB and real estate professionals.


You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with OLB and real estate professionals. This means that OLB and real estate professionals may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Providers and real estate professionals or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically. The Consent for Electronic Disclosures, hereby incorporated by reference into this Agreement, is the disclosure that provides greater detail.

Technical Requirements
To access and retain information and notices we send or make available to you electronically, you will need:

  • Internet access with 128-bit encryption
  • Adobe Acrobat Reader 6 or higher
  • Ability to Print
  • Internet Explorer 6 or higher or Firefox 1.5 or higher
  • Email Access

PRIVACY POLICY
The OLB Privacy Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Websites or received directly from you.

INDEMNITY
As a condition of use of the Websites and/or OLB's services, you agree to indemnify OLB and its suppliers, Lenders, Providers or real estate professionals from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.


LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. OLB does not operate or control in any respect any information, software, products or services available on such websites. OLB's inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that OLB is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.


ERRORS AND DELAYS
OLB is not responsible for any errors or delays in responding to an application caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.


DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by OLB, or to any acts or omissions for which you may contend OLB is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in
New York County, New York. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to OLB. In any arbitration, all the costs associated with the arbitration shall be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore.


Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in
New York County, New York. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.


THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND OLB WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using OLB's goods, facilities and services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and OLB, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York County, New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.


OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by OLB) constitutes the entire agreement between you and OLB and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and OLB with respect to the Websites and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of
New York, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.


PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.