TERMS & CONDITIONS OF USE

Welcome to bonatierra.com and btnewyork.com, the Bona Tierra  New York Corp. web site. Bona Tierra ("Broker" or "we") provides the web site (the "Web Site") and related services to you ("User"), subject to the following Terms and Conditions of use ("Terms and Conditions").  The goal of this Web Site is to provide you, the user with access to the most comprehensive network of residential real estate products/services and related links to meet Your needs (“the Content”).

Please read the Terms and Conditions carefully before accessing or using the Web Site.

By accessing or using the Web Site, you agree to be bound by the Terms and Conditions. If you do not agree with the terms and conditions, you may not access or otherwise use the web site.

Privacy

Please review our Privacy Policy, which governs the protection and use of any personal information you may provide to us. Our full privacy policy may be viewed here.

Copyright

All content on this Web Site, including sales and rental listings, text, graphics, photographs, logos, images, audio clips, video clips, digital downloads, and data compilations (the "Content") is the property of Broker or its third party content suppliers and licensors and is protected by United States and international copyright laws. All software used on this site is the property of Broker or its software suppliers and is protected by United States and international copyright laws.

Trademarks

The names Bona Tierra and its related logos, are registered trademarks. They may not be used in conjunction with any product or service which is not offered by Broker, is likely to cause confusion among customers, or in any manner that disparages or discredits Broker. Any other trademarks not owned by Broker that appear on this Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Broker.

Scope Of Use

This Web Site and its Content, including the rental and sales listings on it (the "Listings"), is solely intended to assist individual customers and real estate brokers in contacting Broker and its agents concerning Listings and other services of Broker. You may not contact a Listing's owner directly. You may not sell, copy, distribute, license, transfer, publish, display, link to another website, transmit, download, store, post, enter into a database or in any way exploit the Content, including the Listings, in whole or in part. No person, including without limitation any real estate broker or real estate professional, may market or make commercial use of Broker's Listings or Content in any way, including without limitation, advertising Broker's Listings, copying Broker's Listings for its own commercial use or use on other websites or in marketing materials, or contacting directly Broker's customers or Listings' owners. Any real estate broker who uses an individual Listing for its customer must first enter into Co-Brokerage Agreement or Referral Agreement with Broker. No one may use any Content or Listing in violation of the rules of Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any other federal, state, or local law or regulation. Any such improper action is expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the full extent of the law.

No Warranties

All information on the Web Site is provide to Users on an "as is", "as available", and "believed accurate" basis without warranty of any kind either express or implied, including but not limited to the implied warranties merchantability, fitness for a particular purpose, non-infringement or availability. All information is subject to errors, or change or withdrawal without notice.

Broker does not warrant or make representations regarding the results that may be obtained by using the Web Site or as to the reliability, accuracy or currency of any information, content or service acquired by use of the Web Site. Listings may be withdrawn from the market at any time and are subject to errors, omissions, and prior sale or rental without notice. Broker does not warrant that the Web Site, its servers, or e-mail transmitted by Broker is free of viruses or other harmful components.

Content may be updated, changed, modified, or withdrawn at any time. Use of the Web Site and the Content is at your sole risk. Neither Broker, the Content providers, or any person involved in the creation, production, distribution of this Web Site warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the Content available will be free of viruses or other harmful components.

Limitation of Liability

Broker, its directors, officers, employees, agents, vendors, and suppliers shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Web Site or the Listings, even if Broker has been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless Broker, its officers, directors, employees, affiliates, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms and Conditions.

Third Party Rights

These Terms and Conditions are for the sole benefit of Broker, its officers, directors, employees, affiliates, and agents. No other person, including any user of the Web Site, shall have the right to assert a claim under these Terms and Conditions.

Modifications to Terms of Use and Content

Broker reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. By using this Web Site after Broker has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms and Conditions. In addition, Broker reserves the right to make improvements and/or changes in the Content of the Web Site at any time.

Violations of Terms and Conditions of Use

Broker reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions set forth in the Web Site, including the right to block access from a particular Internet address to the Web Site. You agree that in the event the damages of a violation of these Terms and Conditions are difficult to determine, Broker shall be entitled to $20,000 as liquidated damages for each violation of these Terms and Conditions, in addition to the right to block your access to the Web Site and to seek injunction relief.

Linked Internet Sites

As a customer service, Broker may offers links to other sites. Broker does not assume any responsibility for those sites or their privacy policies and provides those links solely for convenience of Broker's visitors. If you link to any other sites, you must do so at your own risk and may rely only on their terms and conditions and privacy policies. The inclusion of any link does not imply a recommendation or endorsement by Broker of the linked site.

Arbitration and General Provisions

Any claims relating to the Web Site must be brought in the state or federal courts of the State and County of New York and shall be governed by the laws of the State of New York.

Disclosure

NEW YORK CUSTOMERS:

NEW YORK STATE DISCLOSURE FORM FOR BUYERS AND SELLERS

THIS IS NOT A CONTRACT

New York state law requires real estate licensees who are acting as agents of buyers or sellers of property to advise the potential buyers or sellers with whom they work of the nature of their agency relationship and the rights and obligations it creates. This disclosure will help you to make informed choices about your relationship with the real estate broker and its sales associates.

Throughout the transaction you may receive more than one disclosure form. The law requires each agent assisting in the transaction to present you with this disclosure form. A real estate agent is a person qualified to advise about real estate.

If you need legal, tax or other advice, consult with a professional in that field.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS

SELLER'S AGENT

A seller's agent is an agent who is engaged by a seller to represent the seller's interests. The seller's agent does this by securing a buyer for the seller's home at a price and on terms acceptable to the seller. A seller's agent has, without limitation, the following fiduciary duties to the seller: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A seller's agent does not represent the interests of the buyer. The obligations of a seller's agent are also subject to any specific provisions set forth in an agreement between the agent and the seller. In dealings with the buyer, a seller's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the value or desirability of property, except as otherwise provided by law.

BUYER'S AGENT

A buyer's agent is an agent who is engaged by a buyer to represent the buyer's interests. The buyer's agent does this by negotiating the purchase of a home at a price and on terms acceptable to the buyer. A buyer's agent has, without limitation, the following fiduciary duties to the buyer: reasonable care, undivided loyalty, confidentiality, full disclosure, obedience and duty to account. A buyer's agent does not represent the interests of the seller. The obligations of a buyer's agent are also subject to any specific provisions set forth in an agreement between the agent and the buyer. In dealings with the seller, a buyer's agent should (a) exercise reasonable skill and care in performance of the agent's duties; (b) deal honestly, fairly and in good faith; and (c) disclose all facts known to the agent materially affecting the buyer's ability and/or willingness to perform a contract to acquire seller's property that are not inconsistent with the agent's fiduciary duties to the buyer.

BROKER'S AGENT

A broker's agent is an agent that cooperates or is engaged by a listing agent or a buyer's agent (but does not work for the same firm as the listing agent or buyer's agent) to assist the listing agent or buyer's agent in locating a property to sell or buy, respectively, for the listing agent's seller or the buyer agent's buyer. The broker's agent does not have a direct relationship with the buyer or seller and the buyer or seller can not provide instructions or direction directly to the broker's agent. The buyer and the seller therefore do not have vicarious liability for the acts of the broker's agent. The listing agent or buyer's agent do provide direction and instruction to the broker's agent and therefore the listing agent or buyer's agent will have liability for the acts of the broker's agent.

DUAL AGENT

A real estate broker may represent both the buyer and the seller if both the buyer and seller give their informed consent in writing. In such a dual agency situation, the agent will not be able to provide the full range of fiduciary duties to the buyer and seller. The obligations of an agent are also subject to any specific provisions set forth in an agreement between the agent, and the buyer and seller. An agent acting as a dual agent must explain carefully to both the buyer and seller that the agent is acting for the other party as well. The agent should also explain the possible effects of dual representation, including that by consenting to the dual agency relationship the buyer and seller are giving up their right to undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship before agreeing to such representation.

DUAL AGENT WITH DESIGNATED SALES AGENTS

If the buyer and the seller provide their informed consent in writing, the principals or the real estate broker who represents both parties as a dual agent may designate a sales agent to represent the buyer and another sales agent to represent the seller to negotiate the purchase and sale of real estate. A sales agent works under the supervision of the real estate broker. With the informed consent of the buyer and the seller in writing, the designated sales agent for the buyer will function as the buyer's agent representing the interests of and advocating on behalf of the buyer and the designated sales agent for the seller will function as the seller's agent representing the interests of and advocating on behalf of the seller in the negotiations between the buyer and seller. A designated sales agent cannot provide the full range of fiduciary duties to the buyer or seller. The designated sales agent must explain that like the dual agent under whose supervision they function, they cannot provide undivided loyalty. A buyer or seller should carefully consider the possible consequences of a dual agency relationship with designated sales agents before agreeing to such representation.

This form was provided to me by Bona Tierra of Bona Tierra, a licensed real estate broker acting in the interest of the:

( ) Seller as a (check relationship below) (X) Buyer as a (check relationship below)

( ) Seller's agent (X) Buyer's agent

( ) Broker's agent ( ) Broker's agent

( ) Dual agent

( ) Dual agent with designated sales agent

If dual agent with designated sales agents is checked: is appointed to represent the buyer; and is appointed to represent the seller in this transaction.

I/We acknowledge receipt of a copy of this disclosure form:

Electronic signature of {X} Buyer(s) and/or { } Seller(s)

PDF: NY State Disclosure Form for Buyer and Seller

YOU MAY OBTAIN LEGAL ADVICE ABOUT THESE BUSINESS RELATIONSHIPS FROM YOUR OWN LAWYER.

THIS STATEMENT IS NOT A CONTRACT AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.