Livingstone Partners
PO Box 7732
New York, New York 10150

Tel: +1 716 213 6490
Fax: +1 646 707 0365
Email:
info@livingstone-partners.com

Terms and Conditions

Livingstone Partners (LP) provides an advice and procurement service for property and property related goods and services in the USA including but not limited to Western New York hereafter referred to as the “Service” or “Services”.

Introduction

1.1.     You/Clients (hereinafter stated as either You or Clients) will be able to access part of this Website without registering your details with LP.

1.2.     LP may revise these terms and conditions at any time by updating this document. Clients should check this Website from time to time to review the prevailing terms and conditions, because they are binding on Clients. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If Clients do not wish to accept any new terms and conditions after LP have given notice, Clients should not continue to use this Website.

Sourcing Property and/or Services through LP

2.1.     This web-site contains information on properties and services, with financial details enabling Clients to assess an investment. LP endeavours to be totally transparent with information supplied but you should note that it is provided for general information purposes only. All web-site information has been produced by LP using information and materials provided by third parties and results of its own research. LP quotes figures and other details obtained only from the most reliable sources. Whilst every possible effort is made to ensure their accuracy, LP can not accept liability for inaccurate information obtained from these sources. LP always encourages its clients to conduct their own thorough research prior to any investment. LP and its affiliates do not accept any liability for losses or damages, direct or consequential, arising from the use or reliance on, or inability to use, the information contained in the documentation or for any errors or omissions created by any third party, even if LP or its authorized representatives have been advised of the possibility of such damages.

2.2.     Property Reservation.

2.2.1.  Properties may be reserved by e-mail or phone from our website (www.livingstone-partners.com) to info@livingstone-partners.com.

2.2.2.  Client reservations will not be deemed to have been accepted until the Reservation Fee has been received and confirmed by our bank as paid.

2.2.3.  LP will acknowledge the return of the Reservation Form only when Reservation Fees are received and the Purchase transaction will then start.

2.2.4.  Following satisfactory Home Inspection and Appraisal, if requested by the purchaser, the fees for these, together with LP Sourcing & Tracking Fee will become due.

2.2.5.  Fees may, at the discretion of one of the LP Directors, be transferred to an alternative property.

Payment

3.1.1.  Clients may choose to pay by cheque or bank transfer or, by special arrangement, other methods acceptable to LP.

Pricing

4.1.     All prices exclude VAT (where applicable) at the current rates.

4.2.     Prices are reviewed periodically without notice. Any prices shown on the website or elsewhere are current prices and are subject to change without notice.

Cancellation Policy

5.1.     If you wish to cancel your reservation you should first notify LP by writing (this can include email)

5.2.     Transactions with LP are business-to-business transactions and as such fall outside the scope of the Distance Selling regulations. The Client may cancel a reservation or services contract within 3 working days of confirming same provided that the Client has not received the relevant product and/or service, and that no further legal contracts have been entered into subsequent to the transaction which will make it impossible or costly to cancel the transaction.

5.3.     Cancellation of the contract may mean forfeiture of all money paid to date, and possible liability for money that has not been paid, as specified within these terms and conditions.

Licence

6.1.     Clients are permitted to print and download extracts from this Website for their own use on the following basis:

6.1.1.  That no documents or related graphics on this Website are modified in any way;

6.1.2.  That no graphics on this Website are used separately from accompanying text; and

6.1.3.  That any of LP copyright and trade-mark notices and this permission notice appear in all copies.

6.2.     Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1. above for any purpose is prohibited. Breach of any clause in these terms and conditions, will result in withdrawal of permission to use this Website and the person/company responsible must immediately destroy any downloaded or printed extracts from this Website.

6.3.     Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website, or included in any public or private electronic retrieval system or service without our prior written permission.

6.4.     Any rights not expressly granted in these terms are reserved.

Service Access

7.1.     While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

7.2.     Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Registration

8.1.     The details provided by you on registering with LP are important and part of our contractual relationship. They must be complete and true to the best of your knowledge. Any changes must be advised to LP immediately by sending an e-mail to info@livingstone-partners.com or telephoning the LP office on +1.646.707.0365

8.2.     If you fail to keep us informed of changes, we will be unable to provide you with information on current and future investment opportunities and related services.

Visitor Material and Conduct

9.1.     Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

9.2.     You are prohibited from posting or transmitting to or from this Website any material:

9.2.1.  That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

9.2.2.  For which you have not obtained all necessary licenses and/or approvals;

9.2.3.  Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;

9.2.4.  OR which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

9.3.     You may not abuse or mis-use the Website (including, without limitation, by hacking).

9.4.     We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 9.2 or 9.3.

Links to and from other Websites

10.1.    Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

10.2.    If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

10.2.1. You do not remove, distort or otherwise alter the size or appearance of any logo;

10.2.2. You do not create a frame or any other browser or border environment around this Website;

10.2.3. You do not in any way imply that we are endorsing any products or services other than our own;

10.2.4. You do not misrepresent your relationship with us nor present any other false information about us;

10.2.5. You do not otherwise use any LP trade marks displayed on this Website without our express written permission;

10.2.6. You do not link from a website that is not owned by you;

10.2.7. AND your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. LP expressly reserves the right to revoke the right granted in clause 9.2 for breach of these terms and to take any action we deem appropriate.

10.3.    You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.

Trademarks

11.1.    Other product and company names mentioned in this website may be the trademarks or registered trademarks of their respective owners.

Copyright

12.1.    The right of LP to be identified as the Author of the Work has been asserted in accordance with the Copyright, Designs and Patents Act 1988, England.

12.2.    All website design, text, graphics, spreadsheets, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material in this website are copyright Next Space or its content and technology providers.

12.3.    All rights reserved worldwide. No part of this publication may be reproduced or transmitted in any form or by any means without the prior written permission of the publisher.

12.4.    Any other use of materials in this website – including reproduction, modification, distribution, or republication – without the prior written permission of LP is strictly prohibited

12.5.    Permission is granted to print a single hard copy version of this website solely for your own purpose.

Disclaimer

13.1.    Whilst we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

13.2.    The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

13.3.    LP recommends and advises you to take independent financial and legal advice regarding your own circumstances before entering into any property transactions or adopting any strategies referred to on this website or in any training material provided by LP. Past history shows us that property can go down as well as up in value.

13.4.    LP has endeavored to provide the highest quality information and advice, backed up by substantial experience and proven evidence from the marketplace. However, individual interpretation of information may vary, and individual circumstances, skills, abilities, knowledge and attitude play an important part in achieving a particular outcome. In addition, the future behavior of the property market may not follow past experience, either nationally or locally. For this reason LP does not warrant, guarantee or promise that you will make a profit from any property transaction entered into, whether as a result of acting on information contained within this website or otherwise.

13.5.    Nothing on this Website constitutes an invitation or offer to buy the properties listed on the Website, details of which are provided for informational purposes only.

13.6.    We strongly recommend that you continue to learn and research about the property investment market, specifically accessing current comment and observation on a regular basis. Do not rely on LP as your only information source.

13.7.    Within this website and other information provided by LP, there are references to, and comments about, other services and advice provided by other businesses and individuals. LP has not been authorized, sponsored, endorsed or approved by these businesses or individuals, except where specific reference is made to the sponsorship, endorsement or approval.

13.8.    To the fullest extent permitted at law, LP is providing this website, it’s subsidiary elements and its contents on an “as is” basis and makes no (and expressly disclaims all) representations or warranties of any kind with respect to this website or its contents including, without limitation, advice and recommendations, warranties of merchantability and fitness for a particular purpose. In addition, LP does not represent or warrant that the information accessible via this website is accurate, complete or current.

13.9.    To the fullest extent permitted at law, neither LP nor any of its affiliates, partners, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this website. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Participation in Investment Opportunities

14.1.     LP provides details about property investment opportunities. This detail may include, but not be limited to market research, third party sources, statistics, forecasts, reports, and website data collectively referred to as “Information.” LP endeavors to provide accurate, up-to-date and complete information but makes no warranties or representations as to the accuracy, reliability or completeness or otherwise of the Information. LP assumes no responsibility or liability for any omissions or errors contained in the Information.

14.2.    Descriptions Of Property, Homes, Buildings, Locations Or Developments Particulars, specifications, pictures and artists impressions of any property, home, building, location or development are given in good faith and believed to be correct, but they do not form part of any offer or solicitation and are intended only as a general guide.

14.3.    LP does not control the building or development of any opportunity. You acknowledge that developers reserve the right to alter plans, designs and specifications at any time without prior notice. LP therefore will not be responsible for any such changes. All descriptions are intended only as a general guide and are not to be relied upon by you or other interested parties as a statement or representations of fact but you should satisfy yourself by inspection or otherwise.

14.4.    No warranties or representations are given that the contents of the website or information otherwise distributed will reflect the most recent plans, designs or specification.

14.5.    LP offers opportunities for property investment through our website, email, postal correspondence, telephone, face-to-face contact or other appropriate means.

14.6.    LP endeavors to provide you with opportunities that are sound and reliable. LP may speculate on the level of investment required and the potential returns. These will vary from investor to investor depending on their particular circumstances and the way in which they finance their investments.

14.7.    Any such speculation is based on our research and analysis, which many include the advice and guidance of suitable qualified third parties. Due to the speculative nature of such opportunities the information we provide should be considered our ‘opinion’ and not a definitive judgment on the nature of the particular investment opportunity.

14.8.    Investors are required to conduct their own due diligence and make their own judgment upon the investment being offered. Investors must verify the Information and any Speculative opinion offered by LP. Investors are strongly recommended to perform their own financial and legal assessment of any opportunity prior to making any commitment to participate.

14.9.    LP does not provide or offer an opinion as to whether a particular investment is appropriate for a particular investor. LP only offers an Opinion on the investment opportunity in general terms and in relation to the market as a whole.

14.10.  Investors should always be aware that the price and value of any investment and income can go down as well as up. If you make an investment you may get back less than the amount you originally invested. If you are in doubt about any investment decision you should seek the advice of a suitably qualified professional.

Liability

15.1.    We, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group, associated or subsidiary companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

15.2.    Nothing in these terms and conditions shall exclude or limit our liability for

15.2.1.  Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);

15.2.2.  Fraud;

15.2.3.  Misrepresentation as to a fundamental matter; or

15.2.4.  Any liability which cannot be excluded or limited under applicable law.

15.3.    If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

15.4.    You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Fees

16.1.    Fees for participation in investment opportunities introduced to you by LP may vary. However, fees will always be disclosed to you before you commit to participate in any opportunity.

16.2.    Unless otherwise agreed in writing by us, the reservation of an investment opportunity should be accompanied by the relevant fees, including but not limited to any reservation fee and LP finders fee. These fees are usually payable to LP and are non-refundable, unless expressly agreed otherwise in writing by us.

16.3.    LP strongly recommends that if you require mortgage finance to proceed with the purchase, you make your own investigations about your financial status prior to reserving a property. If you do not proceed to exchange of contracts then fees paid – including the reservation fee and the LP finders fee are forfeit.

16.4.    The deposit on exchange of contracts is payable to the LP nominated attorney who will hold the monies until such time as legal completion of the property and ownership by you. The deposit on exchange will usually be requested shortly after the reservation is made. This ensures that the money is available to close contracts within the time agreed with the broker/attorney.

16.5.    LP reserves the right to withdraw the opportunity to purchase any property procured by us if you fail to pay LP fees in full and at the appropriate time.

Restrictions

17.1.    If you, within one year of the date an opportunity was originally introduced to you by LP engage in any capacity directly with a supplier or developer originally introduced to you by us, or engage with the supplier or developer over new opportunities, or if you or a member of staff refers an opportunity introduced by you to us to another person or body, and that person or body engages in any capacity directly with the supplier or developer of that opportunity, then you will be liable to pay our fee at the prevailing rate.

Third Parties Recommended to you by us

18.1.    LP will endeavor to recommend attorneys, mortgage brokers, buyer brokers, and appraisers or other third parties (“Third Parties”) who offer a service or product deemed to be of good quality and reasonable cost.

18.2.    However, LP makes no warranties or representations as to the reliability of the services provided by Third Parties and assumes no responsibility or liability for their actions, omissions or errors.

18.3.    If you make any arrangements with a Third Party found on or via our website or recommended to you by us, it is at your sole risk and responsibility.

Confidentiality

19.1.    Confidential Information means all information relating to current or prospective investment opportunities, our customers and prospective customers, current or projected financial or trading situations, business plans, business strategies, developments and all other information relating to our business affairs including any Information of a confidential nature imparted by us to you during the use of our Services.

19.2.    You undertake to us that in consideration of us making such information available to you, all Confidential Information disclosed to you by or on behalf of us or which may at any time come into your knowledge, possession or control, shall be kept secret and confidential. In particular, such information shall not be passed to other people who have not registered with LP, except for your professional advisors for the purpose of providing advice to you on the specific opportunity.

19.3.    Confidential information shall not be used for any purpose other than that required or permitted for the use of our Services, and shall not be disclosed to any third party except insofar as this may be required for the proper use of our Services and then only under appropriate confidentiality provisions approved by us.

19.4.    You shall promptly notify us if any Confidential Information is required by law to be disclosed by you or any other person receiving it under or pursuant to these Terms and shall co-operate with us regarding the manner of such disclosure (but without prejudice to any obligation to comply with any legal requirement).

Suspension or Cancellation of Service

20.1.    LP reserves the right to cancel your access to our Services any time. We may suspend, restrict, reduce or cancel your access immediately if you breach or appear likely to breach any of these terms.

20.2.    You may cancel your registration at any time by writing to us, or emailing us. Upon cancellation you will become liable to pay any outstanding fees, monies or costs owed to us immediately.

Governing Law and Jurisdiction

21.1.    These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

21.2.     We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

Miscellaneous

22.1.    You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

22.2.    If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

22.3.    Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

22.4.    LP reserves the right to change these Terms at any time. We will give you 7 days notice by posting notice on the website and sending you either postal notification or an email. If you do not want to accept any new terms you must inform us immediately by writing or emailing us. Failure to do this will result in you being deemed to have accepted such new terms.

22.5.    Any notice to be given under these Terms by either party to the other must be given in writing, in English, and shall be deemed to be served:

22.5.1.  In the case of us communicating with you, twelve hours after we send an e-mail to the e-mail address specified by you, during registration or any changed e-mail address subsequently notified to us;

22.5.2.  Or 48 hours after posting correspondence to the address specified by you, during registration or any changed address subsequently notified to us;

22.5.3.  and, in the case of you communicating with us, twelve hours after an email is sent to info@livingstone-partners.com, or 48 hours after a Recorded Delivery Letter is sent to LP at the following address:

Registered office : 32 W 128th Street, New York, New York 10027
Phone: +1.646.707.0365
E-mail:
info@livingstone-partners.com

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