I hereby authorize Wallack Management Company, Inc. (the
“Agent”), as managing agent for the property owner which
owns the property referenced above, to initiate debit entries to my Checking Account / Savings
Account (as indicated above) at the depository financial institution (hereinafter called
“Depository”) that have I identified by the Depository’s Transit Routing number set forth above
(along with such other bank identifying information as may be required by the Depository) and to
debit payment(s) from such account to make the payments set forth herein. I acknowledge that
the origination of ACH transactions to/from my account must comply with all applicable
provisions of federal and state law and that the aforesaid transfer(s) is fully within such laws. This
authorization shall remain valid and in full force and effect until I have delivered written notice to
the Agent sufficient for the Agent to terminate my election to permit such debit(s) to occur;
such notice to be at least thirty (30) days prior to any termination of election
to permit such debit(s) to occur. My use of this feature signifies that I have
read the terms and conditions of
this authorization and the terms and conditions of this site along with all other materials I have
received from Agent, the
TERMS OF
USE - PROVISIONS AND CONDITIONS: General
Wallack
Management Company, Inc. (“Wallack”) and Owner have established these policies,
terms, provisions and conditions (including,
without limitation, our privacy policy) (collectively, “terms”) to govern your use of this site and
all affiliated sites (collectively, this “site”).
The use of
this site is governed by terms, provisions and conditions set forth herein and
by entering this site you agree to be bound by
all such terms, provisions and conditions. Please read them carefully. You are responsible for
reviewing and becoming familiar with these terms.
By entering this site,
you acknowledge that (i) you have read and understand these terms and that you agree to be bound by
these terms, provisions and conditions as same may be amended from time to time and (ii) the
disclaimer, limitation of liability and indemnification provisions set forth in these terms, provisions
and conditions are an agreed upon allocation of risk and form anessential part of our
agreement to permit you to use this site, without which agreement Wallack would
not enter into this agreement or permit you to use this site. If you do not
agree to be bound
by the terms, provisions and conditions
herein, you are directed to terminate to discontinue your use of this site
immediately.
This site is
owned and operated by Wallack Management Company, Inc. and may contain material
which is derived in whole or in part from other sources. The material on this
site and the third party sites (defined below) may be
protected by national and international copyright, trademark and similar laws.
You may not
modify, copy, reproduce, republish, upload, post, transmit, disseminate, reverse
engineer, reverse assemble, sell or distribute in any way any material from this
site, including, without limitation, code and software.
Printing of
any materials from this site is strictly limited to personal, non-commercial,
use. You shall have no rights in and/or to the
proprietary software and related documentation or any enhancements or modifications there to that
permit you to access this site.
These terms
are for the sole benefit of Wallack and its affiliates and their respective shareholders, members, managers, directors,
officers, employees and agents and for the benefit of the Owner. No third party (including any user of this site) shall
have the right to assert a claim under these terms, provisions and conditions. We reserve the
right to suspend or terminate your access to this site at anytime for any reason.
By
utilizing an encrypted browser interface, you may access the Services. You are
responsible for obtaining a browser capable of a
sufficiently high level of encryption to meet the systems requirements we establish from time to time.
Your use of any browser may also be subject to the license agreements of the browser
manufacturer, in addition to the terms and conditions of this Agreement. You are additionally responsible
for obtaining Internet services via the Internet service provider of your choice, for any
and all fees imposed by such Internet service provider and any associated communications service
provider charges. You acknowledge that there are certain security, corruption, transmission
error, and access availability risks associated with using open networks such as
the Internet and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge
that you have requested the Service for your convenience, have made your own independent
assessment of the adequacy of the Internet as a delivery mechanism for accessing
information and initiating instructions and that you are satisfied with that assessment. We are not
responsible for any Internet access services.
You agree
to be bound by and accept this agreement (and the terms, provisions and
conditions set forth herein) as applicable to your use
of this site. These terms, provisions and conditions are subject to change without prior written
notice at any time, in our sole and absolute discretion. BY ACCESSING AND USING THIS SITE, YOU AGREE
TO BE SUBJECT TO THESE TERMS, PROVISIONS AND CONDITIONS.
Transaction Acceptance
Your receipt of an
electronic or other form of transaction confirmation does not signify our
acceptance of
your transaction nor does it constitute confirmation of our offer to provide
services. We reserve the right, at
any time after receipt of your electronic request but prior to completion of your
requested transaction, to accept or decline your electronic request for any reason or no reason.
Furthermore, we may need to verify any information you provide to us before we accept or
process any transaction.
Correction of Errors and Inaccuracies
The information on this
site may contain typographical errors or inaccuracies and may not be complete or current.
Wallack reserves the right to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice. In the event that a listing or information posted by
Wallack is inaccurate due to typographical error or error in information or for any other reason,
neither Wallack nor the Owner shall have no responsibility therefor. The display
of products and/or services on this site shall not constitute an offer to sell.
Pictures are
provided for illustration purposes only. Please note that such errors,
inaccuracies or omissions may relate to descriptions,
pictures, pricing and availability.
ACH Transfers
By your use of this site,
you may have authorized us to debit your bank account to make certain payments on your behalf.
Payments of this type are generally made through an automated clearing house (ACH)
system. The starting point for an ACH transaction is a receiver authorizing an originator to issue an
ACH transaction (debit or credit) to the receiver’s account, which is then routed over the ACH
system until payment is made by depositing the funds withdrawn into the receiver’s account.
Wallack uses third parties to process these transactions on its behalf and neither Wallack
nor the Owner shall not be liable, in any manner, for the
actions or omissions of such parties. Nothing in these terms of use or conditions
shall require (or be deemed to require) that we process or accept electronic or ACH payments
on your behalf.
Charges; Taxes
You may be
responsible for charges and taxes in connection with transactions you initiate
on this site, and you hereby agree to be solely
responsible for and to pay any and all such charges.
Governing Law;
Severability
THIS AGREEMENT AND THE
CONSTRUCTION AND INTERPRETATION OF THE RIGHTS OF THE PARTIES
HERETO SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
If any provision or
portion thereof set forth in these terms, provisions and conditions is found to
be unlawful, void or, for any other reason unenforceable, then such provision or
portion thereof shall be deemed severable
and shall not affect the validity and enforceability of any other provision.
To the
extent permitted by applicable law, you agree, that, by using this site,
regardless of any statute or law to the contrary, any claim or
cause of action that you may have arising out of, in connection with, or
relating to, your use of this site and/or these terms, provisions and conditions must be filed within one (1) year after the
claim or cause of action accrued or such claim or cause of action shall forever be barred.
Indemnity
You agree
to, and shall, indemnify, defend and hold harmless Wallack and the Owner and
their respective affiliates and their respective shareholders, members, managers,
directors, officers, employees and agents from and against any and all liability, claims,
costs and expenses (including without limitation reasonable legal fees and expenses), arising out of,
resulting from, or in connection with, your use of this site and/or any third party sites and/or
your use of the products and/or services obtained from Wallack.
Copyrights; Use of
Content
All of the
content included on this site, including all the text, graphics, photographs,
graphs, sounds, data, images, audio and video clips
available on this web site ("Content"), is the property of Wallack or its
content suppliers and protected by U.S. and international copyright laws. All software used to operate this site is the
property of Wallack and/or its licensor(s), and is protected by
The Content
of this site, and the site as a whole, are intended solely for personal,
noncommercial use by the users of this site. All the
Content available on this site may only be used by you for your personal and
data-gathering resources. Any other use, including but not limited to, the
reproduction, modification, distribution, transmission, republication, display
or performance of the Content for any other purposes is
strictly prohibited. This site shall not be used in contravention with the rules and
regulations of the State of
Special
Relationships/Third Party Links
Wallack may from time to
time provide links to third party websites from the site. Any such
links provided on
this site to third party sites are provided solely as a convenience to you and
the
provision of a
link to a third party site does not constitute an endorsement, representation or
warranty by Wallack or
by Owner of such third party site or its provider or any of the content,
products or services contained or offered in such third
party site.
Neither
Wallack nor Owner makes any representation or warranty, express, implied or
otherwise, concerning the accuracy, availability or lawfulness of any
third party site. The links to each third party site are provided for reference and as citations and
are not intended to state or imply that Wallack or Owner is affiliated or associated with, or legally
authorized to use, any trade name, registered trademark, logo, legal or official seal, or
copyrighted symbol or material contained in the link.
Please note
that when you click on a link to a third party site, you are 'clicking' to
another web site. We encourage you to read the privacy
statement and policies of those linked sites as their terms and policies may differ from ours. We
are not responsible for the terms, policies or practices or the content of any third party
site.
No
Relationship
Except as
specifically set forth in these terms, conditions and provisions, your use of
this site and the content hereof and/or any third party site and the content
thereof, and the provision of any information while using this site or any
third party site (including, without limitation, e-mail services, if any) shall not create and/or
constitute any business or other relationship between you and Wallack.
Terms
and Provisions Subject to Change at Any Time
Wallack
reserves the right to update or modify these terms, provisions and conditions at
any time without prior notice. Your use of this site
following any such change constitutes your agreement to follow and be bound by these terms,
provisions and conditions as modified. For this reason, we encourage you to review these terms,
provisions and conditions whenever you use this site.
This site
is owned and operated by Wallack Management Company, Inc.,
Violations by You; Blocked Access
Wallack
reserves the right to block your access to this site if Wallack determines, in
its sole discretion that you have failed to comply with these terms,
provisions and conditions. Owner has no ability to direct Wallack in making such
a determination. This is
in addition to all other remedies Wallack may have at law, in equity
or otherwise.
Disclaimer
This site
and its contents, and the links to the third party sites and their contents, are
provided on a strictly “as-is” and “as-available” basis
and without warranties or representations of any kind, express or implied.
To the maximum extent
permitted by law, Wallack and Owner specifically disclaim all representations
and warranties, express,
implied or otherwise, including, without limitation, implied warranties of merchantability or fitness
for a particular purpose and non-infringement, and implied warranties from course of dealing or
performance and any warranties as to results that may be obtainedthrough use of this site
or the third party sites. No information or advice obtained from Wallack, whether written or oral,
shall create any representation or warranty from Wallack or from Owner.
Neither
Wallack nor Owner warrants that the functions contained in the materials
furnished on this site or any third party site will be uninterrupted,
available or error-free, that defects or errors will be corrected or that this site will be
available, free from viruses or other harmful components.
Under all
circumstances, including, without limitation, negligence and strict liability,
your use of this site and any third party sites linked
to from this site is solely at your own risk. Neither Wallack nor Owner shall be responsible for any direct, indirect,
consequential, special, punitive or other damages (whether liability is asserted in contract,
tort or otherwise), costs or expenses, including, without limitation, lost profits, data, loss of
good-will, loss of or damage to property or claims of third parties, arising out of, in connection with,
or relating to your use of this site or any third party site and/or the products sold or services
provided to you by Wallack and/or any third party whether on behalf of Wallack or Owner or
otherwise. In all events, the maximum liability of Wallack to you, if any, shall
be the amount you paid to Wallack for the product(s) purchased via this site and/or the services provided to you via
this site. Owner has no
control over this site and thus, to the extent permitted by law disclaims all
liability therefor. Neither Wallack nor Owner shall be responsible for anythreatening, defamatory, obscene, offensive
or illegal content or conduct of any other party or any infringement of another’s rights,
including, without limitation, intellectual property or similar rights.
Should you
be dissatisfied with this site or the content hereof or a third party site and
the content thereof, your sole and exclusive remedy is
to discontinue use of this site or such third party site. To the extent permitted by applicable law,
the foregoing remedy shall apply even if Wallack or Owner knew or should have
known of the possibility of damages to you by use of this site or a third party site.
WALLACK’S
SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET
AND ELECTRONIC COMMUNICATIONS. NEITHERWALLACK NOR
OWNER IS RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE
RESULTING FROM SUCH PROBLEMS.
PRIVACY POLICY:
If you have questions or
concerns regarding this statement, you should first contact Wallack via email at
[email protected] or by mail directed to:
Webmaster
Wallack Management
Company, Inc
Information we may gather
from you
When you
visit www.wallackmanagement.com, we may collect information about your
visit. We may collect your IP address (or the
address of your proxy), browser type, domain name, and we may log the length of
time of your visit and the number of times you visit and purchase from us. By
using this site, you expressly permit Wallack to collect and use the information
we collect from you. Owner will not have access to
this information and will not use it for any purpose.
Generally,
electronic information of this nature is used to gather non-specific demographic information about our visitors and
generally such information is used to personalize the information you see displayed on this site.
To the extent provided, your IP address may also be used to help identify your
computer so that we can make your visit to our site more enjoyable. Your IP address (or the address of your
proxy) is not at all linked to any personal identifiable information.
Depending on
the nature of your visit to this site, Wallack may collect your contact
information (including, for example, your email
address) and if you are making a purchase from Wallack and/or a payment through this site, Wallack will
require you to provide us with billing and financial information (like your address, phone
number, credit account or credit card number, bank account information, bank routing
information and the like). Wallack may use third parties to verify and authorize credit card and/or debit card
and/or ACH transactions made through this site. The billing address and phone number you
provide will generally only be used for verification purposes, while your email address may be
used for multiple purposes, including, verification, log in and mailing lists.
Wallack may
use your contact information to send you information about additional offers or services. Additionally, depending on the
nature of your visit, you may ask us to store information on certain listings posted on this site. In
such cases, we may share your personal and contact information with our team of agents and
affiliates to more properly service you.
Wallack may
use cookies to store information. Cookies are text files that are commonly
deposited by sites on a user’s hard drive. The file
identifies a user’s computer and can record a user’s preferences and certain other information.
Generally, cookies make it easier for you to interact with a site. You may be
able to prevent our collection of such data by setting your browser to reject cookies but blocking cookies may
adversely affect your ability to interact with this site. You may be able to find your own cookies
files on your hard disk and see what information is being stored in such files and by which
sites and may be able to delete information contained in such cookie files.
Security
Wallack shall use
reasonable efforts to protect the data Wallack collects from you against
unauthorized access. Wallack has very
strict policies and procedures designed to protect your privacy and the integrity of your personal
account information. Breach of our policies may result in the dismissal of offending personnel.
When you access your specific account information, we offer the use of a secure socket layer
(SSL). The secure socket layer encrypts all information you input before it
is sent to us. (You may be able to
discern whether your information is being transmitted via SSL by making certain that the
Uniform Resource Locator (URL) is prefixed with “https” rather than “http” and that a padlock
icon is displayed on the lower right corner of your browser (for transmissions via MS
Internet Explorer)). If you make a payment through this site, you may be directed to a third party
site for payment processing or verification; the policies of such third party
site may apply to the processing of your transaction. Neither Wallack nor Owner shall be responsible for the policies of any third party
sites.
You are responsible for
choosing a password to access those portions of this site that require password clearance. You
must keep your password safe and secure; we recommend that you change your password from
time to time. Neither Wallack nor Owner shall be responsible for actions taken
with your password.
Correct/Update
During the transaction
process, Wallack will endeavor to permit you to review, change, or delete the information that you have
submitted. We encourage you to update your information whenever it changes. You
may ask to have the information in your account deleted, modified or removed by contacting us; however,
because we keep track of past payments, information relating to past payments may not be
deleted.
This site
gives users the following options for changing and modifying information
previously provided.
1. Online at www.wallackmanagement.com.
2. You can send an email to [email protected].
3. You can send information to the following postal
address:
Customer Service
Wallack Management
Company, Inc.
We welcome
any questions and/or comments you may have. Please send e-mails to [email protected] or
call us at 212-753-3381.
Privacy Changes
Whenever Wallack changes
its privacy policy, we will endeavor to promptly post a notice on this site indicating that new
information has been posted. If at any point we decide to use personally identifiable information in
a manner different from that stated at the time it was collected, we will endeavor to promptly
notify you by way of email. To the extent practicable, we will endeavor to offer you a
choice as to whether or not we use information previously collected in a different manner. We will
endeavor to use information in accordance with the privacy policy under which the information
was collected. To enable our notification of you, it is imperative that you provide us with
your email address.
Required Disclosure of Information
Though we make every
effort to preserve your privacy, Wallack may be required to disclose personal information pursuant to
applicable law. Wallack will make such disclosure when we believe that such disclosure or other action
is necessary to comply with applicable law, legal process served on us or in connection with any
investigation. Wallack also reserves the right to disclose personal information to protect our
rights and property, including, without limitation, in connection with any investigation of fraud
we believe to be necessary and to otherwise protect the users of this site and others.
Contacting Us
If you have
any questions about the terms, provisions and/or conditions set forth herein,
our practices, or your dealings with this site,
please feel free to contact us at:
Customer
Service:
Wallack Management
Company, Inc.
Tel: 212-753-3381
Fax: 212-755-3942