Terms and Conditions
City Zen Realty may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the City Zen Realty website.
CityZenRealty.com and City Zen Realty
CityZenRealty.com is a website of City Zen Realty. The site provides a portal for a marketing service for relevant products and services for the individual home seller and buyer. We do not directly provide real estate appraisals, legal, financial or other professional services.
The services which are marketed on CityZenRealty.com are provided by licensed real estate brokers and other professional service providers. City Zen Realty is a licensed real estate broker and a member of the Real Estate Board of New York (REBNY).
RLS, Open House Representation and Other Services
CityZenRealty.com provides the most exposure for your home by listing it with Residential Listing Service (RLS) and all the other brokerage firm’s databases as well as national and international real estate websites for a flat fee. CityZenRealty.com also provides consulting and/or full service, buyer or seller representation at reduced commission rates. Please note that the service is currently only available in New York City.
Should a user decide to deactivate their RLS listing prior to the specified contract expiration date determined at the time of purchase, there shall be no refund for the unused portion of the service. The purchase of the List Your Home Online product is valid only for the property specified at the time of purchase, and any unused time may not be credited towards an RLS listing for another property.
An RLS listing does not guarantee a sale. City Zen Realty is not liable for any errors or omissions by providing RLS listing services to you.
By browsing our site, you understand our Terms of Service. In order to complete your listing, you will be required to complete a Flat Fee Listing Agreement, the SALE BY OWNER offering provided by the Company for an advertising package and marketing tools. The FOR SALE BY CITY ZEN package is so available for a 1% commission due at closing where the seller conducts showings while City Zen does the rest.
Sellers will also be required to provide the property information which will be listed on RLS within 2 business days for domestic listing and within 5 business days for international listings. All transactions are assumed to occur in the City of New York and you agree to be bound by New York laws. Disputes if any will be settled or litigated in New York County in New York State.
Fees paid are non-refundable. Listing on some websites might not be available and may be subject to the terms and conditions of your local RLS board.
Website Access and Communication
No employee, independent contractor, agent or affiliate of a competing real estate information service is permitted to access the City Zen Realty website without express written permission from City Zen Realty. City Zen Realty has the right to refuse service to any individual, organization or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policy as posted and displayed on the City Zen Realty website, or abuses their rights related to the City Zen Realty service.
City Zen Realty utilizes email as a vital and primary communication channel with Users. As a User or recipient of our newsletter or other distribution, you hereby acknowledge and grant City Zen Realty the permission to communicate with Users via email, as well as other communication channels such as phone and mail, for any purposes City Zen Realty determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. City Zen Realty will use best efforts to honor User’s request to opt out of marketing messages, but under no circumstances will City Zen Realty have any liability for sending any email to Users.
As a User you acknowledge and agree that City Zen Realty may record telephone and other electronic communications it has with you for any business purpose, including but not limited to marketing, training and quality assurance purposes.
Submission and Administration of Listings
Use of Information
User agrees to treat all information obtained from the Service and any information otherwise made available to User in the Service (individually and collectively, the “Content”) as proprietary to City Zen Realty. City Zen Realty does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User’s own risk. User may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
City Zen Realty valuation reports and other similar information, reports and services provided by our affiliates, and any and all Content offered by City Zen Realty to User ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY CITY ZEN REALTY USER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
User shall limit access to and use of the Content to personal and internal use and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device. User further shall not use the Service in any other manner for or in connection with any other listing service or device. User shall not use the City Zen Realty Service as part of any effort to compete with City Zen Realty including without limitation using the City Zen Realty Service to provide, alone or in combination with any other product or service, any services to any third party or any use that causes a reduction or loss of an existing or potential City Zen Realty User, nor shall User remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the City Zen Realty Service. User shall not use any robot, spider or other automated process to submit listings, monitor, data mine or copy City Zen Realty products, services or information; decompile, decode or reverse engineer City Zen Realty software; or use City Zen Realty products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes.
User agrees to pay initial fees using the payment method indicated on the City Zen Realty website and provide City Zen Realty express authorization to charge said fees to the User’s payment provider at time of purchase. Fees owed depend on the specific type and quantity of City Zen Realty products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by User. If payment is not current, City Zen Realty may immediately cease to provide any and all Deliverables to the User.
It is the User’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). City Zen Realty does not validate all credit card information required by the User’s payment provider to secure payment.
The User must notify City Zen Realty about any billing problems or discrepancies within 30 days after charges first appear on their Account statement. If it is not brought to City Zen Realty’s attention within 30 days, User agrees to waive their right to dispute such problems or discrepancies.
Unsolicited Commercial Email or Spam
City Zen Realty prohibits the use of our system, its tools or our forums to generate, post or send unsolicited commercial email or spam. Users may not use any services that City Zen Realty offers to send or post spam or otherwise deliver content that would violate these Terms and Conditions. City Zen Realty has the right to revoke the privileges of any User or company that breaches these terms.
City Zen Realty reserves the right to terminate or suspend a User’s membership or website access privileges at any time for violations of this Agreement or upon a good faith determination of a violation of this Agreement. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of City Zen Realty services, nonpayment of fees owed by you in connection with City Zen Realty services, account inactivity or technical or security issues. Upon termination, City Zen Realty shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
City Zen Realty retains all rights (including Intellectual Property Rights as defined below), title and interest in the City Zen Realty Website, City Zen Realty technology and brochures and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of City Zen Realty’s technology or delete or alter author attributes or copyright notices. User shall use the City Zen Realty system solely for their own use.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL CITY ZEN REALTY BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE USER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF CITY ZEN REALTY’S SERVICES ARISING OUT OF THIS AGREEMENT. User’s exclusive remedy, and City Zen Realty’s entire liability under this Agreement shall be a refund to User of the fees paid to City Zen Realty hereunder, and in no event will City Zen Realty’s liability for any reason exceed such fee. City Zen Realty (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User’s use of the Deliverables, and User shall indemnify City Zen Realty (and City Zen Realty’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTINGS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CITY ZEN REALTY MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS AND SERVICES OR PROPERTY FACTS INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND CITY ZEN REALTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. CITY ZEN REALTY MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO CITY ZEN REALTY’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM CITY ZEN REALTY’S WEBSITE IS ACCESSED AT USER’S OWN DISCRETION AND RISK, AND USER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO USER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CITY ZEN REALTY OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Links to Third Party Sites
Other Rights of City Zen Realty
User agrees that City Zen Realty shall have the right to use any and all information submitted to City Zen Realty and its affiliates for any purpose, including without limitation for publication of all or part of such information on the internet. User agrees that any information submitted to City Zen Realty or its affiliates, which may include email communication with City Zen Realty and its affiliates, may be modified and used without restriction by City Zen Realty and its partners.
City Zen Realty and its partners will have sole authority to choose the manner in which any information will be displayed and used by the Service and reserves the right to remove all or any part of information displayed or posted or refuse Services to anyone at any time in its sole discretion.
User agrees that City Zen Realty has the right to register User for an account in City Zen Realty’s Forum, and to post any and all content, including email correspondence that City Zen Realty deems useful on behalf of the User. City Zen Realty will make best efforts to redact actual names and contact information when posting.
City Zen Realty shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Service. City Zen Realty reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on City Zen Realty’s website, located at www.CityZenRealty.com.
If you believe that your work has been copied onto City Zen Realty in a way that constitutes copyright infringement, please provide City Zen Realty’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying City Zen Realty that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on City Zen Realty with identifying information; Your address, telephone number, and e-mail address; A 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; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The email address for City Zen Realty copyright complaints is [email protected] We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding the conflict of law’s provisions of any state. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York (the “New York Courts”) for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters), (ii) agree not to commence any litigation arising out of or relating to this Agreement or the Company’s performance or nonperformance hereunder except in the New York Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the New York Courts represent the exclusive jurisdiction for all disputes arising out of or relating to this Agreement, or either parties’ performance or nonperformance thereunder. Disputes arising out of or relating to this Agreement shall include but not be limited to disputes arising out of or relating to your access to, use of and/or purchase of services or goods made available on CityZenRealty.com. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your use of the Site, the Agreement, or the Company’s performance or nonperformance under the Agreement, must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User without the prior written consent of City Zen Realty which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of City Zen Realty to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, User agrees that the remaining terms and provisions remain in full force and effect.
Fair Housing Commitment
City Zen Realty supports an affirmative marketing program in which there is an absence of barriers to obtaining housing due to race, color, religion, sex, handicap, familial status, sexual orientation or national origin. Any conduct inconsistent with this policy will not be tolerated on the City Zen Realty service and will be grounds for immediate termination of this agreement.
All notices to Company must be in writing and must be sent electronically to [email protected]
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
This privacy statement covers the website CityZenRealty.com. By accessing, using or registering with City Zen Realty’s web site, you accept and agree to City Zen Realty’s Privacy Statement. City Zen Realty provides a variety of online services for homeowners, prospective home buyers and residential real estate professionals. City Zen Realty values your privacy and feedback. Any User information we collect is considered private and we do not use or share it, except as permitted herein and in the Terms and Conditions, without the User’s permission. The following privacy statement summarizes City Zen Realty’s protection and use of any personal information provided by visitors to the City Zen Realty site.
This statement does not apply to any public area of City Zen Realty’s web site. For example, in the event you submit personal information on our Forum, such information becomes publicly available and City Zen Realty is not responsible for the personal information you choose to submit to these services, forums or persons.
Information Collected by City Zen Realty:
City Zen Realty collects User information from several areas of the City Zen Realty site including products, business services, newsletters, forums, article comments, customer support chatrooms and the adding and editing of property listings. City Zen Realty collects individual User activity for statistical, archival, and business purposes. City Zen Realty may collect financial information (such as billing address, credit card number, expiration date) for billing payment and credit card authorization purposes. City Zen Realty may track the IP address of a User’s computer or place a “cookie” in the browser files of a User’s computer. This is required by City Zen Realty services to provide automated features.
Use of Information Collected:
Collected information helps City Zen Realty better understand its Users’ needs in order to improve its product and service offerings. Email addresses are used to communicate with users for listing updates, promotional emails, partner emails and for site administration purposes. Users may be deleted from promotional email and partner email lists at their request. Personal information may be used to contact Users for the purpose of research, product development, marketing, or customer service. User activity is collected and analyzed and may be utilized by City Zen Realty in the aggregate or in the abstract for a variety of business purposes. Financial information is used to bill Users for products and services purchased. This information is not shared with anyone outside of City Zen Realty. IP address and cookie log data is analyzed to better understand traffic flows and User preferences. City Zen Realty may retain the data it collects indefinitely. You may have your personal information deleted or deactivated by sending an email [email protected]
Use of Tools:
You may NOT use any of the services that we offer to send or post spam (i.e. unsolicited email or forum posts) or otherwise deliver content that would violate City Zen Realty’s Terms and Conditions. We may monitor, track or save the use of any of the features on www.CityZen.com, but will be under no obligation to monitor, track or save these email messages or posts sent from these tools. We also do not rent or sell email addresses of Users. You may contact us at [email protected] to request that we remove this information from our database.
Though City Zen Realty makes every effort to preserve User privacy, we may need to disclose personal information when required by law wherein we have good faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.
City Zen Realty shares User information with our affiliates for the direct purpose of providing the purchased service to the User. When a User submits their property’s listing details on www.CityZenRealty.com, listing contact information is also entered.
City Zen Realty shares information with its partners for the purpose of providing related services in which we deem our Users have interest. The use that City Zen Realty’s partners make of customer information will not exceed City Zen Realty’s use of the data. Key billing information (such as credit card number, expiration date and dollar amount) gathered from Users making online purchases of products or services is shared with our credit card processing partner, in order to authorize charges to the credit card. City Zen Realty also uses third party providers to perform email and postal mailings on behalf of City Zen Realty, but this information (such as name, address and email) is confidential and is not used by the provider for any other purpose.
City Zen Realty does not rent or lease User information to any third party, except as disclosed here. From time to time, City Zen Realty may obtain information (such as electronic mail addresses) from third party providers. It is our goal to only contact individuals who we believe may have a legitimate business interest in City Zen Realty based on their membership or participation in other organizations or web sites, and who have indicated a willingness to be contacted for this purpose. While City Zen Realty endeavors to work with other sites and companies with a similar respect for User privacy, City Zen Realty cannot be responsible for the privacy practices of other sites.
Security of Personal Information:
City Zen Realty’s clients and their personal information are considered to be City Zen Realty’s greatest asset and thus their privacy is treated with the utmost regard and respect. City Zen Realty takes every reasonable precaution to secure personal information within both its computers and its physical premises.
The security of your personal information is important to City Zen Realty. When you enter sensitive information on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have any questions about security on our website, you can email us at [email protected]
Cookies are used on this site. A cookie is a small text file that is stored on a User’s computer for record-keeping purposes. We use both session cookies and persistent cookies. We use session cookies to make it easier for you to use our site and to enable certain specialized functionality that requires maintaining information about your session. A session cookie is not stored on your hard disk and expires when you close your browser. A persistent cookie remains on your hard disk for an extended period of time. You can remove persistent cookies by following the directions in your internet browser’s “help” files.
Third-Party Advertising Companies:
We may use Web Beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web Beacons enable us to recognize a browser’s cookie when a browser visits this site, and to learn which banner ads bring Users to our Web site.
Social Media Widgets:
Our Web site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Twitter button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy statement of the company providing it.
Links to 3rd Party Sites
Our Site includes links to other websites whose privacy practices may differ from those of City Zen Realty. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any website you visit.
Opting-out, Editing, Updating or Deleting Personal Information:
City Zen Realty utilizes email as a vital and primary communication channel with customers. As a User or customer, you hereby acknowledge and grant City Zen Realty the permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purposes City Zen Realty determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. City Zen Realty will use best efforts to honor customers request to opt out of marketing messages, but under no circumstances will City Zen Realty have any liability for sending any email to its Users or customers.
Users who do not wish to receive marketing emails are requested to contact [email protected] via email. We also send our Users site and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about service notices and responsibilities. We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at [email protected] We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
City Zen Realty may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice (including via fax), or through posting of such notice on our website, as determined by City Zen Realty in our sole discretion. City Zen Realty reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described herein. City Zen Realty is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add [email protected] to your email address book to help ensure you receive email notifications from us.
Changes to this Privacy Statement:
If City Zen Realty decides to change its privacy statement, we will post those changes to this privacy statement, the homepage, or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
City Zen Realty reserves the right to modify this privacy statement at any time, so please review it frequently. If City Zen Realty makes material changes to this statement, we will notify you here, by email, or by means of a notice on our home page prior to the change becoming effective.