TERMS AND CONDITIONS OF USE

By accessing this web site and the information and content contained thereon you acknowledge your acceptance of and agreement to be bound by the following Terms and Conditions of Use of this web site. IF YOU DO NOT ACCEPT OR DO NOT WISH TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE YOU SHOULD NOT ACCESS THIS WEB SITE AS ANY ACCESS THERETO UNDER SUCH CIRCUMSTANCES WILL BE DEEMED TO BE AN UNEQUIVOCAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE. Access to the information contained on this web site may be restricted by laws and regulations applicable to the user. Any person in respect of whom such restrictions apply should not access this web site.

BALKIN ESTATES reserves the right, in its sole discretion, to modify, alter or otherwise update the following Terms and Conditions of Use at any time without prior notice. Any such modification, alteration or update shall be effective immediately upon posting. By using this web site after such modification, alteration or update you agree to be bound by such revised Terms and Conditions of Use.

NO RELIANCE AND NO WARRANTY

Although BALKIN ESTATES believes that the information and content contained on this web site is accurate at the date of publication, no representation or warranty of accuracy is made. The information and content contained on this web site is provided for information purposes only and should not form the basis for any decision. The information and content contained on this web site is subject to change without notice.

DISCLAIMER OF WARRANTIES AND LIABILITY

All of the information and content contained on this web site is provided “as is” and without any warranty of any kind either express or implied. BALKIN ESTATES disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a general or particular purpose. BALKIN ESTATES does not warrant that the function of this web site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the information and content available will be free of viruses or other harmful components. The information and content available on this web site is provided solely for your convenience and information. BALKIN ESTATES does not warrant or make any representations regarding the results that may be obtained from the use of this web site or the information and content contained thereon, or as to the reliability, accuracy or currency of any information acquired pursuant to your use of this web site.

You expressly agree that your use of this web site is at your sole risk. You expressly agree that BALKIN ESTATES shall not be responsible or liable to you or any other person or any entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other damage caused of any kind or character whatsoever based upon or resulting from your use or attempted use of this web site or any linked web site or off-site page, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other information or content appearing on this web site.

NO OFFER

Nothing on this web site shall be construed as a solicitation, offer or recommendation to acquire or dispose of any property or investment or to engage in any other transaction.

LOCAL LEGAL RESTRICTIONS

This web site is not directed at any person in any jurisdiction where, by reason of that person's nationality, residence or otherwise, the publication or availability of this web site is prohibited.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All of the information and content on this web site, including, but not limited to text, images, illustrations, audio clips, and video clips, is owned and controlled by BALKIN ESTATES or used under license with all rights reserved and is protected by copyrights, trademarks, service marks, other intellectual property rights and other proprietary rights. The information and content on this web site is solely for your personal and non-commercial use. You may print a copy of the information and content contained on this web site for your personal and non-commercial use only, but you may not copy, reproduce, republish, upload, forward, disseminate, post, transmit, distribute, and/or exploit the information or content in any way (including by e-mail or other electronic means) without the prior written consent of BALKIN ESTATES. You may request such consent by sending an e-mail to BALKIN ESTATES. It should be noted that any such consent granted will require express mention of BALKIN ESTATES as the source of the information.

Without first obtaining the aforesaid prior written consent of BALKIN ESTATES, any modification or use of the information or content on this web site for any purpose other than your personal and non-commercial use is prohibited and will be a violation of the owner’s copyrights, trademarks, service marks, other intellectual property rights and other proprietary rights. As a condition to your use of this web site, you warrant to BALKIN ESTATES that you will not use this web site for any unlawful purpose or in any manner prohibited by these Terms and Conditions of Use. BALKIN ESTATES retains the right to deny access to this web site to anyone at its sole discretion for any reason, including violation of these Terms and Conditions of Use.

PAYMENT OF COMMISSION

In the event you identify and subsequently rent or purchase a property listed or referred to on this website without the assistance of BALKIN ESTATES then you shall be bound when making your initial contact with the real estate agent and/or seller of the property to notify him or them (as the case may be) verbally and thereafter by letter within three (3) days that you were introduced to the property by BALKIN ESTATES. You shall further copy the aforesaid letter to BALKIN ESTATES. Should you fail to notify the real estate agent and/or seller as required herein you shall become liable for payment to BALKIN ESTATES of any commission that BALKIN ESTATES would have otherwise received on the rental or sale of the property, as the case may be, had you notified the real estate agent and/or seller as required herein.

In the event that you breach the terms and conditions contained in the foregoing provision headed “TRADEMARKS, COPYRIGHTS AND RESTRICTIONS” by making use of the information and content contained on this web site otherwise than for your personal and non-commercial use and any party to whom the aforesaid information or content is disseminated or made available subsequently makes use of same to rent or purchase a property listed or referred to on this web site then you shall become liable for payment to BALKIN ESTATES of any commission that BALKIN ESTATES would have otherwise received on the rental or sale of the property had BALKIN ESTATES been properly identified as the party who introduced the renter or purchaser, as the case may be, to the property.

INDEMNIFICATION

You agree to indemnify, defend, and hold BALKIN ESTATES harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions of Use.

LINKED WEB SITES AND OFF-SITE PAGES

Within this web site you may be offered links to other web sites or off-site pages. The linked web sites and off-site pages are provided for your convenience and information only and, as such, you will be accessing them at your own risk. The content of any linked web site or off-site page is not under the control of BALKIN ESTATES and BALKIN ESTATES is not responsible for, nor does it endorse, the content of any linked web site or off-site page. BALKIN ESTATES has not reviewed any of the linked web sites or off-site pages and does not in any way make any representation or give any warranty in relation to their content or the products, services or other items offered through them. Additionally, it should be carefully noted that your access to any such linked web site or off-site page is governed by the terms of use and policies of any such web site or off-site page, not this web site.

GOVERNING LAW

These Terms and Conditions of Use shall be governed by and construed solely in accordance with the Laws of the Principality of Monte-Carlo, Monaco whose courts shall have non-exclusive jurisdiction over any claim, action or legal proceeding which may arise out of or in connection herewith.

WAIVER

The failure by BALKIN ESTATES to insist, in one or more instances, upon strict performance of your obligations contained herein, or to exercise any right contained herein shall not be construed as a waiver, or relinquishment for the future, of such obligation or right, which shall remain and continue in full force and effect.

SEVERABILITY

If any provision of these Terms and Conditions of Use is held invalid or unenforceable, the remaining provisions shall nevertheless remain valid and enforceable.

ENTIRE AGREEMENT

The foregoing Terms and Conditions of Use and every obligation contained herein represent the entire Agreement between BALKIN ESTATES and you and supersede any prior agreements or understandings not incorporated herein.

RIGHTS RESERVED

Any rights not expressly granted herein are reserved by BALKIN ESTATES.

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