Dermer Management, Inc. Privacy Policy and Website User Authorization Agreement

Dermer Management, Inc. (Dermer) respects the privacy of our consumer users and has developed this Privacy Policy to demonstrate its commitment to protecting your privacy. As an individual who is a user of our website www.dermerrealestate.com, or otherwise as a user of the services provided by Dermer, you are accepting the practices described herein.

We may collect personal information that can identify you such as your name, address, e-mail address, telephone number, emergency contact information as well as other information that does not identify you.

Information You Provide.

We may collect and store any personal information you enter on our website or provide to us in some other manner. This includes identifying information (such as your name, home or mailing address, e-mail address, telephone numbers and emergency contact information),

We and our authorized service providers may use various technologies to collect information from your computer and about your activities on our website. We may automatically collect information from your browser when you visit our website. This information may include your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us or them and the referring website address.

When you visit our website, we may assign your computer one or more cookies, to facilitate access to our website, to personalize your online experience, and to record information about your visit to our website. Through the use of a cookie, we also may automatically collect information about your online activity.

We may allow third-parties, including our authorized service providers, advertising companies, and ad networks, to display advertisements and other materials on our website, and to deploy technology for our benefit, for example, to load web pages quicker. We and these companies may use tracking technologies, such as cookies, to collect information about users who view or interact with these advertisements and/or connect to our websites. Our website does not provide any personal information to these third parties.

We may use information that we collect about you to:

• deliver the products and services;
• communicate with you by e-mail, postal mail, telephone and/or mobile devices;
• enforce our terms and conditions;
• manage our business and
• perform functions as otherwise described to you at the time of collection.

We may allow information you provide to be used by building association board members and their agents to contact you in relation to your corporation.

We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared.

We may share your personal information with our authorized service providers that perform certain services on our behalf in connection with your application. These service providers may include credit bureaus, title companies, flood or other insurance providers, appraisal companies, escrow companies, closing agents, other financial institutions, marketing and customer services firms, credit card payment processors, as well as companies that support contests, sweepstakes, surveys, or other features offered through our website, or that provide business analysis or website support. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.

When you submit an application through our website or our services, we will only share your personal information with building association board members, real estate management companies, real estate brokers, unit owners and lessors and others who have been expressly authorized by you to receive and review your personal information for the sole purpose of processing, evaluating and approving or not approving your application.

We also may disclose your information:

• In response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• When we believe disclosure is appropriate in connection with efforts to investigate, prevent or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; or to enforce our websites\' terms and conditions or other agreements or policies.
• In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, asset sale or in the unlikely event of bankruptcy.

Any personal information you provide through the submission of online applications is always available to you as long as you agree and comply with this Agreement.

Personal information you provide may be amended by you at all times throughout the application process up to and until you have “submitted” you application. Thereafter, you may still update submitted personal information by following formal guidelines that are appropriately posted on our website.

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees and authorized third-parties are permitted to access personal information, and they may do so only for permitted business functions. We use encryption in the transmission of your sensitive personal information between your system and ours, and we use firewalls to help prevent unauthorized persons from gaining access to your personal information.

Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13. This Privacy Policy is intended to cover collection of information on our website only from residents of the United States.

This Privacy Policy does not create rights enforceable by third parties or require disclosure any personal information relating to users of our website.

TERMS OF USE AGREEMENT FOR ALL SERVICES AND THE WEBSITE

By accessing, browsing or using this website, or by using the goods, facilities or services offered in or through the website through alternative methods (including, for example, telephone, mail, email or facsimile), you accept and agree to be bound by these Terms of Use (the term \"website\" includes 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 website and you are to cease accessing or otherwise using the website.

For purposes of this Agreement, \"You\" or \"Your\" means the person(s) using the website, and/or the goods, facilities or services of Dermer offered through alternative methods, including persons that allow others to provide information about themselves to Dermer (as defined below), the board associations, property management companies and brokers. \"Us\" or \"we\" means, but is not limited to Dermer Management, Inc. and www.dermerrealestate.com.

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

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

Dermer 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.

Dermer 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.

The website and the services provided by Dermer 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 Dermer is not, and is not treated as, an application to be pre-approved, pre-qualified or any similar concept. Dermer 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. Dermer 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. 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.

Dermer 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 indicating an acceptance you are agreeing to the stated terms and conditions of that submission and that you are preparing and submitting an application through Dermer 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.

By saving your information with Dermer or by doing a submission, you give Dermer, 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 Dermer to provide information provided by you or third parties either to association boards, property management companies, brokers and other parties on the Dermer network necessary to complete a review of your application. You also authorize Dermer, 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.

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

As a condition of use of the website and/or Dermer\'s services, you agree to indemnify Dermer and its agents from and against any and all liabilities, expenses (including attorneys\' fees) and damages arising out of claims resulting from your use of the website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

Dermer 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.

Any claim or controversy arising out of or relating to the use of the website, to the goods or services provided by Dermer, or to any acts or omissions for which you may contend Dermer 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 venued in New York County, New York. In any arbitration, all the costs associated with the arbitration shall be paid by the non-prevailing party.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DERMER 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.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Dermer, 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.

This Agreement constitutes the entire agreement between you and Dermer and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Dermer with respect to the website 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.