Terms of Use

Welcome to the websites, webpages, property-search platforms, forms, portals, mobile features, and other online services operated by Home Pro Realty of NY, LLC, including real estate services marketed under Polk Commercial Real Estate.

Throughout these Terms of Use, Home Pro Realty of NY, LLC and Polk Commercial Real Estate may collectively be referred to as the "Company," "we," "us," or "our." The websites and online services covered by these Terms may collectively be referred to as the "Website" or "Services."

By accessing the Website, submitting a form, creating an account, requesting information, communicating with us through the Website, or otherwise using our Services, you agree to these Terms of Use and our Privacy Policy.

If you do not agree to these Terms, you should not access or use the Website or Services.

The Company provides residential and commercial real estate brokerage services and related real estate information. The Website may allow users to:

• Search for residential or commercial real estate listings
• Request additional property information
• Schedule property showings
• Save searches or listings
• Submit property inquiries
• Request a property valuation or market analysis
• Contact a licensed real estate professional
• Access real estate market information and educational content
• Submit information regarding the purchase, sale, lease, or investment in real property

The availability of particular Services may vary and may be changed, suspended, or discontinued at any time.

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.

By using the Website, you represent that:

• You are at least 18 years of age
• The information you provide is accurate and complete
• Your use of the Services complies with applicable laws
• You have the authority to submit any information or materials you provide

The Website is intended primarily for users located within the United States. Users accessing the Website from another jurisdiction are responsible for compliance with the laws applicable to them.

Your use of the Website, submission of an inquiry, communication with a real estate professional, or receipt of property information does not, by itself, create a broker-client, agency, fiduciary, advisory, or other professional relationship.

A brokerage or agency relationship will only be created through the execution of an applicable written agreement or disclosure when required by law.

Nothing on the Website should be interpreted as creating an exclusive relationship between you and the Company or any affiliated real estate professional.

Property listings and related information may be provided by property owners, sellers, landlords, real estate brokers, multiple listing services, public records, governmental agencies, data providers, or other third parties.

Although we attempt to provide useful and accurate information, we do not guarantee the accuracy, completeness, reliability, availability, or timeliness of any property information.

Property information may include listing prices, lease rates, property availability, square footage, lot dimensions, acreage, building measurements, property taxes, school district information, zoning classifications, permitted or potential property uses, utility information, environmental information, rental income, operating expenses, occupancy information, capitalization rates, financial projections, traffic counts, demographic information, photographs, floor plans, maps, and property descriptions.

All such information is subject to errors, omissions, prior sale, prior lease, withdrawal, price changes, and other changes without notice. Property photographs, maps, floor plans, boundaries, measurements, renderings, and descriptions may be approximate and are provided for general informational purposes only.

You should independently verify all information that is important to your decision before entering into a purchase, sale, lease, financing, or investment transaction.

Information relating to commercial or investment real estate may include rent rolls, income and expense statements, pro forma projections, capitalization rates, occupancy levels, lease information, business information, equipment lists, traffic counts, and estimated investment returns.

Unless expressly stated otherwise in a written agreement:

• Financial information may be supplied by property owners or third parties
• Projections are estimates and are not guarantees of future performance
• Past property performance does not guarantee future results
• Property income and expenses may change
• Zoning and permitted uses must be independently confirmed
• Environmental conditions must be independently investigated
• The availability of financing is not guaranteed

Prospective buyers, sellers, tenants, landlords, and investors should consult qualified attorneys, accountants, lenders, engineers, inspectors, environmental professionals, and other appropriate advisors before making a real estate or investment decision.

The Website is intended to provide general real estate information. Nothing contained on the Website constitutes legal, tax, accounting, financial, lending, insurance, engineering, architectural, environmental, inspection, construction, or investment advice.

Real estate professionals affiliated with the Company do not provide services outside the scope of their applicable real estate licenses.

You should consult an appropriately licensed professional regarding matters outside the scope of real estate brokerage services.

Certain Website features may require you to create an account. When creating or maintaining an account, you agree to:

• Provide accurate and current information
• Keep your login credentials confidential
• Promptly update information that changes
• Accept responsibility for activity occurring through your account
• Notify us promptly of suspected unauthorized access

You may not impersonate another person, use another person's account without authorization, or create an account using false or misleading information.

We may suspend or terminate an account that violates these Terms or creates a security, legal, or operational risk.

Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use the Website for legitimate personal or internal business purposes related to evaluating real estate opportunities or obtaining real estate services.

This license does not transfer ownership of the Website, its content, or any intellectual property rights.

Unless you receive prior written permission from us, you may not:

• Copy or republish Website content for commercial purposes
• Sell, license, rent, distribute, or commercially exploit Website content
• Scrape, crawl, harvest, index, or systematically collect Website data
• Use automated software, bots, spiders, or similar tools to access the Website
• Copy or redistribute listing information in violation of MLS rules
• Reverse engineer or attempt to discover Website source code
• Circumvent security or access-control measures
• Interfere with Website functionality or infrastructure
• Use Website information to create or enhance a competing database or service
• Remove copyright, trademark, attribution, or proprietary notices

You agree not to use the Website or Services to:

• Violate any federal, state, or local law
• Submit false, fraudulent, misleading, or inaccurate information
• Impersonate another person or organization
• Infringe another person's intellectual property, privacy, or contractual rights
• Transmit viruses, malware, harmful code, or disruptive technology
• Attempt to gain unauthorized access to an account, system, or network
• Send spam or unauthorized advertising
• Harass, threaten, intimidate, or discriminate against another person
• Manipulate property information, prices, descriptions, or availability
• Interfere with another user's access to the Services
• Circumvent fees or obligations properly owed in connection with our Services
• Use the Website for an unlawful, deceptive, or abusive purpose

We may investigate suspected violations and cooperate with law enforcement, regulators, courts, MLS organizations, and other appropriate authorities when legally required or reasonably necessary.

When you provide an email address or telephone number, you authorize us to contact you regarding your inquiry, requested Services, saved searches, property updates, appointments, transactions, or other matters relating to your relationship with us.

When you separately and expressly consent to receive marketing communications, you may receive promotional emails, telephone calls, or text messages from us. Where permitted by law, communications may be delivered using automated technology, an automatic telephone dialing system, or an artificial or prerecorded voice.

Consent to receive marketing communications is not a condition of purchasing, selling, renting, leasing, or obtaining real estate brokerage services.

Message frequency may vary. Message and data rates may apply. Mobile carriers are not responsible for delayed or undelivered messages.

You may opt out of marketing text messages by replying STOP. You may reply HELP for assistance. You may unsubscribe from marketing emails by using the unsubscribe instructions included in the applicable email.

Opting out of marketing communications does not prevent us from sending necessary transactional, administrative, security, or service-related communications.

You represent that any telephone number you provide belongs to you or that you are authorized to receive communications at that number.

The Website may allow you to submit messages, reviews, photographs, documents, property information, comments, or other materials.

You remain responsible for all materials you submit. You represent that:

• The information is accurate to the best of your knowledge
• You have the right to provide the materials
• The materials do not violate another person's rights
• The materials comply with applicable laws
• The materials do not contain harmful software or unlawful content

You grant the Company a nonexclusive, worldwide, royalty-free license to use, reproduce, store, modify, and display submitted materials as reasonably necessary to provide the Services, respond to your request, market a property with proper authorization, maintain business records, or comply with legal requirements.

This license does not transfer ownership of your original materials to the Company.

The Website and its content, including its text, graphics, logos, branding, layouts, photographs, videos, software, designs, and other materials, are owned by or licensed to the Company and may be protected by copyright, trademark, and other intellectual property laws.

The names Home Pro Realty, Home Pro Realty of NY, LLC, Polk Commercial Real Estate, and related logos, slogans, graphics, and branding may not be used without prior written authorization.

Third-party company names, logos, trademarks, listing information, and content remain the property of their respective owners.

The Company supports equal housing opportunity and conducts its business in accordance with applicable federal, New York State, and local fair housing and anti-discrimination laws.

We do not discriminate in the sale, rental, leasing, financing, advertising, or provision of real estate services on the basis of any characteristic protected by applicable law.

Users may not submit discriminatory housing preferences, instructions, advertisements, or requests through the Website.

Commercial real estate services will also be provided in accordance with all applicable civil rights and anti-discrimination requirements.

The Website may contain links to third-party websites, lenders, inspectors, attorneys, title companies, government agencies, mapping services, multiple listing services, social media platforms, or other service providers.

Third-party websites and services are not controlled by us. A link does not necessarily mean that we endorse, guarantee, or assume responsibility for the third party or its services.

Your use of third-party websites is subject to their own terms, policies, and practices. You should review those terms before providing information or completing a transaction.

We may provide the names or contact information of lenders, attorneys, inspectors, contractors, insurance professionals, title companies, appraisers, environmental professionals, or other service providers as a convenience.

Unless expressly disclosed otherwise:

• You are not required to use a provider suggested by us
• You are encouraged to independently evaluate providers
• We do not guarantee the provider's services or performance
• The provider is not our employee or agent
• You remain responsible for selecting and engaging the provider

Any affiliated business relationship, referral arrangement, or compensation required to be disclosed by law will be addressed through the appropriate disclosure.

Our collection, use, storage, and disclosure of personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Website, you acknowledge that information transmitted over the internet cannot be guaranteed to be completely secure.

You are responsible for exercising caution when submitting sensitive, confidential, financial, or personally identifying information online.

We do not guarantee that the Website or any particular feature will always be available, uninterrupted, secure, or error-free.

We may, without notice:

• Modify or discontinue Website features
• Correct errors or inaccuracies
• Update property information
• Remove content
• Restrict access
• Perform maintenance
• Suspend the Website for security or operational reasons

We are not responsible for losses resulting from temporary Website unavailability, data-provider interruptions, internet failures, or events outside our reasonable control.

To the fullest extent permitted by law, the Website and Services are provided on an "as is" and "as available" basis.

We do not make any express or implied warranty regarding:

• The accuracy or completeness of Website content
• The availability of a property
• The condition or suitability of a property
• The accuracy of financial or investment information
• The uninterrupted operation of the Website
• The absence of errors, viruses, or harmful components
• The results obtained from using the Website
• The performance of a third-party provider

No statement made through the Website creates a warranty unless it is expressly included in a separate written agreement signed by an authorized representative of the Company.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions will apply only to the extent permitted by law.

To the fullest extent permitted by applicable law, the Company and its members, officers, employees, independent contractors, affiliated real estate professionals, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to:

• Your use or inability to use the Website
• Your reliance on property or market information
• Errors or omissions in listing information
• Unauthorized access to your account or information
• Conduct by another user or third party
• A real estate transaction that does or does not occur
• The condition, legality, value, zoning, use, or suitability of a property
• The performance of a third-party service provider
• Lost profits, lost opportunities, business interruption, or loss of data

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its members, officers, employees, independent contractors, affiliated real estate professionals, licensors, and service providers from claims, damages, liabilities, expenses, and reasonable attorneys' fees arising from:

• Your misuse of the Website
• Your violation of these Terms
• Your violation of applicable law
• Materials or information you submit
• Your infringement of another person's rights
• Unauthorized activity conducted through your account

We reserve the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate with that defense.

We may suspend, restrict, or terminate your access to the Website if we reasonably believe that you:

• Violated these Terms
• Used the Website unlawfully
• Created a security or operational risk
• Submitted fraudulent or misleading information
• Infringed another person's rights
• Misused property or listing information

You may stop using the Website at any time.

Sections that by their nature should survive termination will remain in effect, including intellectual property, disclaimers, limitations of liability, indemnification, governing law, and dispute provisions.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Unless otherwise required by law, any legal action arising from these Terms or the Website must be brought in a state or federal court having jurisdiction in Oneida County, New York.

You consent to the personal jurisdiction and venue of those courts.

We may update these Terms from time to time to reflect changes in our Services, Website features, business practices, or legal requirements.

The updated version will be posted on the Website with a revised "Last Updated" date.

Your continued use of the Website after updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree with an updated provision, you should discontinue your use of the Website.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

The invalid or unenforceable provision will be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its intended purpose.

Our failure to enforce a provision of these Terms does not waive our right to enforce that provision in the future.

A waiver will only be effective if it is in writing and signed by an authorized representative of the Company.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer these Terms in connection with a merger, sale, reorganization, transfer of assets, or other business transaction.

These Terms, together with our Privacy Policy and any additional written agreement or legally required real estate disclosure, constitute the entire agreement regarding your use of the Website.

These Terms do not replace the terms of a signed listing agreement, buyer representation agreement, commission agreement, lease, purchase contract, confidentiality agreement, or other transaction-specific document.

If a transaction-specific written agreement conflicts with these Terms regarding the subject matter of that agreement, the transaction-specific agreement will control.

You agree that electronic communications, notices, disclosures, and records may satisfy legal requirements that such communications be provided in writing, to the extent permitted by applicable law.

You are responsible for maintaining an accurate email address and telephone number when using the Services.

Questions regarding these Terms may be directed to: