Terms & Conditions

This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in Post Grad Apartments, LLC’s broker introduction program (the “Program”). As used in this Agreement, “We” means Post Grad Apartments, LLC and “You” means the prospective tenant who completes the Program application and is accepted to the Program.

Enrollment in the Program: To begin the enrollment process, You submit a complete Program application via our Web site (www.postgradapartments.com) (our “Site”). We evaluate your application and will notify You of your acceptance in a timely manner. Once You are accepted to the Program this Agreement is effective immediately and your participation in the Program will commence.

Term of the Agreement: Your participation in the Program will begin upon our acceptance of your Program application.

Term of Participation: Either You or We may terminate your participation at any time, with or without cause, by giving the other party written notice of termination. A termination will not affect rights and obligations of either party incurred prior to the termination date.

The Services: As part of our services hereunder, We will provide direct contact information for a broker who is adequately suited to meet your specific rental needs, as set forth on your application to the Program. You hereby acknowledge that the broker introductions are NOT a commitment from a broker to represent or otherwise assist You in your search for an apartment or other residential accommodations. A broker introduction is simply a submission to you of relevant contact information for a broker (the “Participating Broker”) who has requested to be contacted by a prospective tenant with parameters (i.e. budget, desired geographic location, size of apartment, etc.) similar to yours (a “Broker Introduction”). However, there is no assurance or guarantee that the Participating Broker will actually be able to assist you once You and the Participating Broker are introduced and exchange information, parameters, etc. However, We will use our best efforts to screen the Participating Broker so that he or she is adequately suited for your particular needs and to, hopefully, allow for a mutually beneficial business relationship between You and the Participating Broker.

All Broker Introductions come with name, address, phone number and/or e-mail address, and other basic contact information for the Participating Broker.

Broker Introductions are exclusive, i.e. each Broker Introduction is sent to no more than one (1) Participating Broker.

Regarding fees, You will not be charged a fee for the Broker Introduction or any other services we provide to you under the Program. While it is possible that you may be charged a brokerage fee by the Participating Broker for his services in connection with your lease transaction, it is our hope and desire, and we will use our best efforts to ensure, that (i) the Participating Broker, and not You, will pay or otherwise absorb any brokerage fee incurred with respect to your leasing transaction or (ii) the Participating Broker will negotiate a reduced (i.e., lower than your submitted annual rental budget) annual rental expense for you so as to offset any brokerage fee he may charge you on the transaction and stay within the annual rental budget you submitted with your application to the Program. However, We are not making any assurances or guarantees that such a commission-free transaction will actually occur and we make no representations or warranties whatsoever in that regard.

Use of the Broker Introduction: The Broker Introduction delivered to You under this Program is only for your use. You agree that You shall not resell, exchange, transfer or distribute our Broker Introduction or any information contained in the Broker Introduction (i.e. name, e-mail address, and/or phone number) to any other person or entity without our express written consent.

Release and Disclaimers: We act solely as an intermediary between You and the Participating Broker so as to allow You and the Participating Broker to interact regarding potential lease terms/arrangements. In all cases, the submission and confirmation of lease terms and other information between You and the Participating Broker are transactions between You and the Participating Broker only. We are not a party to the transactions entered into between You and the Participating Broker. You agree that your use of such Participating Broker is AT YOUR SOLE RISK, IS PROVIDED “AS IS”, AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THE PARTICIPATING BROKER OR ANY OTHER THIRD PARTY RELATING TO A LEASING OR BUSINESS TRANSACTION FOR WHICH WE PROVIDED THE BROKER INTRODUCTION.

In addition, We specifically disclaim any warranty that the operation of our Site will be uninterrupted or error-free, and We will not be liable for the consequences of any interruptions or errors.

Limitation of Liability: We shall not be liable for any indirect, special, incidental or consequential damages arising in connection with this Agreement, the Broker Introduction, or the Program and our services thereunder, including, without limitation, any loss of profits or business interruption, even if We have been advised of the possibility of such damages.

Indemnification: You agree that You shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, asserted against us, that may arise or result from any action taken, or any service performed or agreed to be performed by You, your agents or employees to any person, in response to or in connection with any Broker Introductions delivered to You through the Program.

Links to Other Web Sites: Our Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed on such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If You decide to leave our Site and access these third-party sites, You do so at your own risk.

Representations and Warranties: You hereby represent and warrant to us as follows:

a. This Agreement has been duly and validly executed and delivered by You and constitutes your legal, valid, and binding obligation, enforceable against You in accordance with its terms.

b. The execution, delivery, and performance by You of this Agreement will not conflict with or violate any provision of law, rule or regulation to which You are subject.

Independent Investigation: You acknowledge that You have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

No Agency: You hereby acknowledge that You and We are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by this Agreement.

Entire Agreement: This Agreement constitutes the entire agreement between us pertaining to the Program and our services thereunder, and supersedes any verbal conversations, other communications, and previous agreements, if any.

Modification: You agree that We may modify our Program and/or change the terms of this Agreement, in whole or in part, at any time in our sole discretion and without specific notice to you. At any point in time You can find the current Terms & Conditions for prospective tenants enrolled in our Program at http://www.postgradapartments.com. If any modification is unacceptable to You, your only recourse is to terminate this Agreement. Your continued participation in the Program will constitute binding acceptance of the change in the Terms and Conditions hereof.

Assignment: You may not transfer your account/membership or assign this Agreement, by operation of law or otherwise, to any other person or entity, without our prior written consent. Any such attempted assignment or transfer shall be void and without effect.

Governing Law: This Agreement shall be governed by the laws of the State of New York, without reference to rules governing choice of laws.

Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

By clicking I agree on an application page, you acknowledge that you are bound by these Terms and Conditions at all times during and after your participation in the Program.