GFP Real Estate™ Website Terms and Conditions

Thank you for visiting the GFP Real Estate™ website located at www.gfpre.com (the “Site”). The Site is an Internet property of GFP Real Estate, LLC (“GFPRE™,” “we,” “our” or “us”). The following GFP Real Estate™ Website Terms and Conditions (“Terms and Conditions”) are inclusive of the GFP Real Estate™ Website Privacy Policy (“Privacy Policy”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) listings (“Listings”) of current industrial, commercial and residential real estate properties owned and/or managed by GFPRE™ (“Properties”), as featured on the Site; and/or (ii) text, video, links and/or other information pertaining to: (A) GFPRE™ and its industrial, commercial and residential real estate-related products and/or services made available on the Site (“Informational Content”); (B) career opportunities with GFPRE™ including, where available, job listings (“Careers Content”); and (C) investment opportunities with GFPRE™ (collectively, the “Investment Content,” and together with the Listings, Informational Content and Careers Content, the “Content”); (c) utilizes the various third-party service portals featured on the Site (“Third-Party Portals”), as made available by our third-party service providers (“Third-Party Service Providers”) for use by tenants of the Properties (“Tenants”), as well as employees of GFPRE™ (“Employees”); (d) accesses links to GFPRE’s™ social media pages/accounts (collectively, “Social Media Pages”) featured on third-party social media websites, such as Instagram®, LinkedIn® and Vimeo® (collectively, “Social Media Websites”); (e) accesses the Listing sharing feature made available on the Site (“Listing Share”); and/or (f) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, GFPRE™ (collectively, the “Contact Services,” and together with the Site, Content, Third-Party Portals, Social Media Pages and Listing Share, the “Site Offerings”).

PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

No part of the Investment Content and/or other Site Offerings should be construed as business, financial, investment, hedging, trading, legal, regulatory, tax and/or accounting advice. You should not use the Investment Content or other Site Offerings as the primary basis for any investment and/or trading decisions. GFPRE™ is not acting, in any capacity, as a financial advisor or a fiduciary, and no element of the Investment Content and/or other Site Offerings should be construed as creating such a relationship. You should consult with your business, financial, accounting and legal advisors to be sure that any investments, advice, products and/or services offered by and/or through the Site Offerings are appropriate for you.

No part of the Investment Content and/or other Site Offerings should be construed: (i) as a recommendation to purchase or sell any financial product or instrument or to enter into any transaction; or (ii) as a representation that any particular financial product or instrument is suitable or appropriate for you. The financial products featured by and through the Site Offerings involve significant risks, including the risk of losing all amounts invested. You should not enter into any transactions unless you fully understand all of the risks involved, have independently determined that the risks are acceptable to you and independently determined that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in the Investment Content and/or other Site Offerings, however, should not be considered to be a disclosure of the risks of particular transactions, or a complete discussion of the risks which are mentioned.

Instagram® is a registered trademark of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Vimeo® is a registered trademark of Vimeo, Inc. (“Vimeo”). Please be advised that GFPRE™ is not in any way affiliated with Facebook, LinkedIn or Vimeo, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

  1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and GFPRE™ with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. GFPRE™ may amend the Agreement from time to time in its sole discretion, without specific notice to Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).

  2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age), can enter into legally binding contracts under applicable law and are either acting in their individual capacity or are acting in their capacity as duly authorized representatives of a valid business entity (“Entity”) (collectively, “Usage Requirements”). The Site Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age), individuals who cannot enter into legally binding contracts under applicable law and/or individuals attempting to register on behalf of an Entity who are not duly authorized representatives of that Entity. If a User does not satisfy the Usage Requirements in their entirety, that User does not have permission to access or use the Site Offerings.

    You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Site Offerings. GFPRE™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. GFPRE™ does not guarantee that the Site Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and GFPRE™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

  3. Contact Services; Information Submitted for Use of Third-Party Portals. Where a User attempts to utilize the Contact Services, that User may be required to submit, and GFPRE™ may collect, some or all of the following information: (a) the User’s e-mail address; and (b) any other information collected via the Contact Services form (collectively, “Contact Data”). Each User agrees to provide true, accurate, current and complete Contact Data. GFPRE’s™ use of Contact Data shall be governed by the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

    In addition, where a User attempts to use one (1) or more of the Third-Party Portals made available on the Site (as further detailed below), that User may be required to submit information (such as payment information, information about the User’s unit at an applicable Property and/or employment-related information where GFPRE™ Employees are using the Employee-designated Third-Party Portal) to the Third-Party Service Provider that operates the Third-Party Portal (collectively, “Portal Data”). Your submission of Portal Data shall be governed by the privacy policies of the applicable Third-Party Service Provider(s) who operate the subject Third-Party Portal(s). We encourage you to review the privacy policies and settings of the Third-Party Service Provider(s) and associated Third-Party Portal(s) with which you interact to help you understand the respective privacy practices of the Third-Party Service Provider(s). If you have questions about the security and privacy settings of any Third-Party Service Provider and/or Third-Party Portal that you use, please refer to the applicable Third-Party Service Provider’s privacy notices or policies.

  4. Third-Party Portals. The Site contains links to Third-Party Portals that are hosted and operated by GFPRE’s™ Third-Party Service Providers. The Third-Party Portals may be used: (a) by tenants of the Properties to process rent payments; (b) by Employees to access and manage certain Employee-related documents and information; and (c) in other ways as made available by GFPRE™ from time-to-time in its sole discretion. Please be advised that GFPRE™ does not itself own or operate the Third-Party Portals, or provide any underlying Third-Party Portal-related products and/or services. The ultimate terms and conditions of any such Third-Party Portal-related products and/or services will be determined by the applicable Third-Party Service Provider(s). You understand and agree that GFPRE™ shall not be liable to you for any Third-Party Portal-related products and/or services offered by any Third-Party Service Provider and/or for the discontinuation of same.

  5. Content; Listings. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to the Properties, the Listings, GFPRE™ and its industrial, commercial and residential real estate-related products and/or services. Although some of the Content made available to you on this website is obtained and/or compiled from sources that GFPRE™ believes to be reliable, GFPRE™ cannot and does not guarantee the accuracy, validity, timeliness or completeness of any such Content. Reliance on any Content or other information made available to you by and through the Site Offerings is solely at your own risk. Without limiting the foregoing, please be advised that any floor plans, square footage, renderings, photographs and other descriptions set forth in the Listings are only estimates, may not be accurate in any respect and should not be relied on. The Content, including the Listings, is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Site.

  6. Listing Share. The Listing Share feature allows Users to send links for Listings to other individuals via e-mail. In order to use the Listing Share feature, a User must input the email address of the intended recipient and include a short message, if so desired (“User Content”). Each User represents and warrants that it will not use the Listing Share feature in violation of any applicable laws, rules or regulations including, without limitation, the CAN-SPAM Act of 2003, as amended. In connection with the User Content, each User agrees not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable User’s community, as defined under applicable law; (c) impersonate any person or entity; (d) “stalk” or otherwise harass any person; (e) engage in any unauthorized advertising to, or commercial solicitation of, Users or other third parties; (f) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (g) express or imply that any statements she/he makes are endorsed by GFPRE™; (h) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (i) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (j) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (k) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or (l) transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such User’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of GFPRE™. GFPRE™ reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct

  7. Social Media Pages. The Site contains links to the various GFPRE™ Social Media Pages. The Social Media Pages are hosted and made available on the applicable Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that GFPRE™ shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

  8. Representations and Warranties. Each User hereby represents and warrants to GFPRE™ as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User and, where applicable, the Entity that she/he represents which is fully enforceable against such User and, where applicable, the Entity that she/he represents in accordance with its terms; (b) User understands and agrees that User and, where applicable, the Entity that she/he represents, has independently evaluated the desirability of utilizing the Site Offerings and that neither User nor, where applicable, the Entity that she/he represents, has relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User and, where applicable, the Entity that she/he represents, will not conflict with or violate: (i) any order, judgment or decree applicable to User or, where applicable, the Entity that she/he represents; (ii) where applicable, any provision of User’s Entity’s corporate by-laws, certificate of incorporation or other organizational documents, if applicable; or (iii) any agreement or other instrument applicable to User or, where applicable, the Entity that she/he represents; and (d) User’s performance under this Agreement and use of the Site Offerings, the User Content and, where applicable, the performance of the Entity that she/he represents and that Entity’s use of the Site Offerings, will not infringe upon any third-party’s intellectual property rights and/or violate any applicable laws, rules or regulations.

  9. Indemnification. Each User and, where applicable, the Entity that she/he represents, agrees to indemnify, defend and hold GFPRE™, its members, officers, directors, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) that User’s/Entity’s, as applicable, breach of the Agreement and/or any representation or warranty contained herein; (b) that User’s/Entity’s, as applicable, User Content, if any; and/or (c) that User’s/Entity’s, as applicable, unauthorized and/or improper use of the Site Offerings. The provisions of this Section 9 are for the benefit of GFPRE™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  10. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. GFPRE™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by GFPRE™, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by GFPRE™. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by GFPRE™. Each User further agrees to indemnify and hold GFPRE™ harmless for that User’s failure to comply with this Section 10. GFPRE™ reserves any rights not explicitly granted in the Agreement.

  11. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “GFP Real Estate” and “GFPRE” names and logos, and all associated graphics, icons and service names, are trademarks of GFP Real Estate, LLC. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

  12. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and GFPRE™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.

  13. Disclaimer of Warranties. THE SITE OFFERINGS AND ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, GFPRE™ MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S/ENTITY’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL CONTAIN ACCURATE LISTINGS, INCLUDING ACCURATE DEPICTION OF FLOOR PLANS AND SQUARE FOOTAGE ASSOCIATED WITH SAME; (E) WILL ENABLE YOU TO REALIZE ANY SPECIFIC INVESTMENT OUTCOME AND/OR OTHER FINANCIAL BENEFIT; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. GFPRE™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM GFPRE™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

  14. Limitation of Liability. EACH USER AND, WHERE APPLICABLE, EACH ENTITY, EXPRESSLY UNDERSTANDS AND AGREES THAT GFPRE™ SHALL NOT BE LIABLE TO THAT USER OR, WHERE APPLICABLE, ENTITY, OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GFPRE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTACT DATA; (E) ANY CLAIM RELATED TO ANY INACCURATE LISTINGS, INCLUDING INACCURATE DEPICTIONS OF FLOOR PLANS AND/OR SQUARE FOOTAGE ASSOCIATED WITH SAME; (F) THE FAILURE TO REALIZE ANY SPECIFIC INVESTMENT OUTCOME AND/OR OTHER FINANCIAL BENEFIT; AND (G) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER AND, WHERE APPLICABLE, ENTITY HEREBY RELEASES GFPRE™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF GFPRE™ TO ANY USER AND ANY ENTITY UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER, ENTITY OR GFPRE™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER/ENTITY, AS APPLICABLE, AND GFPRE™. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS/ENTITIES, AS APPLICABLE, WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF GFPRE™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  15. Third-party Websites/Web Venues. The Site Offerings contain links to other websites, web venues and/or web properties on the Internet that are owned and operated by third parties including, without limitation, the Social Media Pages and Third-Party Portals. GFPRE™ does not control the information, products or services made available on, by or through these third-party websites and/or portals. The inclusion of any link does not imply endorsement by GFPRE™ of the applicable website, portal or any association with the website’s operators. Because GFPRE™ has no control over such websites and/or resources, each User agrees that GFPRE™ is not responsible or liable for the availability or the operation of such external websites and/or portals, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that GFPRE™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.

  16. Editing, Deleting and Modification. GFPRE™ reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Site.

  17. Use of Contact Data. All material submitted by Users through or in association with the Site Offerings including, without limitation, the Contact Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

  18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

    To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against GFPRE™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that GFPRE™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

  19. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. GFPRE’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. GFPRE™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

  20. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of GFPRE™, you may email us as at: info@gfpre.com; call us at: (212) 609-8000; or send us mail to: GFP Real Estate, LLC, Attn: Anny Rose Pahl, 125 Park Avenue, 14th Floor, New York, NY 10017.