fbpx

Legal & Privacy

Effective Date: March 7, 2020


This Privacy Policy applies to 519onBroadway.com website operated by Legacy Building & Development Corporation, and its subsidiaries and websites for the properties managed by Legacy Building & Development Corporation (referred to herein as “Legacy Building & Development”, “we”, “us”, or “our”) and applies to information, products and services provided by Legacy Building & Development in the U.S.

Legacy Building & Development respects your privacy. This privacy policy (“Policy”) describes how we collect, use, and share your Personal Information, as defined below, when you visit websites that are owned and operated by Legacy Building & Development or contact us, or visit one of our properties. Please read this Policy carefully. By using the Site or visiting one of our properties, you agree to our collection, use, and sharing of your Personal Information as described in this Policy.

This Site is controlled, operated, and administered by Legacy Building & Development and its assigns from its offices within the United States and is intended to serve individuals interested in properties or employment with the Company in the United States. If you are accessing this Site from a location outside the United States, you acknowledge and consent to the collection, storage, processing, and transfer of your Personal Information to our facilities in the United States and to any other parties with whom we share it as described in this Policy. Please note that privacy laws in the United States may not offer the same protections as the laws of other countries.

COLLECTION OF PERSONAL INFORMATION 

Through your use of the Site or when you contact us or visit one of our properties (collectively, “Interactions”), we may collect “Personal Information,” which is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. We may collect the following categories of Personal Information:

  • Personal or government identifiers, such as your first and last name, alias or previous name, postal address, telephone number, facsimile number, unique personal identifier, signature or other government-issued identification number, driver’s or operator’s license number, passport number, alien registration number;
  • Device and online identifiers and related information, such as Internet Protocol address; email address; account user name; cellular, mobile, or wireless number; social media profile; unique device identifier and serial number; device information;
  • Demographic information, such as your date of birth, gender, physical characteristics or description, language skills, number of children, household income data;
  • Financial information, such as your credit or debit card information, bank account number, other financial information;
  • Protected characteristics, such as your gender, race, sexual orientation, age, or any other protected classifications under applicable law;
  • Internet, application, or network activity information, such as search history; clickstream/online website tracking information; data related to user activity, e.g., browser visits;
  • Professional or employment-related information, such as employment history, association membership, professional licenses, or previous salaries; 
  • Education information, such as schools attended, scholastic performance, and academic record; 
  • Geolocation data, such as current location, address, and location history;
  • Communications, such as call logs, the content of text messages or emails that you send to us, message board or forum posts, poll or survey answers, reviews, or information you may share when you contact us with questions or feedback;
  • Household information, such as information about your dependents, cosigners, or guests; and
  • Inferences drawn from Personal Information, such as a profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Information Provided by You

We collect the Personal Information that you provide to us.  If you choose to contact us to learn more about our properties, we may collect information such as your full name, telephone number, and email address. We will also collect any other information that you provide to us, such as your questions, comments, or feedback as well as any responses you provide in surveys that we may send to you from time to time.

If you are a current or prospective tenant, we may collect additional information as part of your application or in the course of your tenancy, such as your current or prior address(es); contact information, such as your telephone number or email address; date of birth; education, occupation, or employment information; Social Security number or other national identification number; income and other financial information; familial status and information about your dependents; vehicle information; credit information; criminal history; and emergency contact information. We may also collect information about other occupants or prospective occupants of the property you are applying for, such as roommates, spouses, or minor children, or information about any guarantor(s).

If you apply for employment with us through the Site, we collect information associated with your application, such as your contact information and resume.

Information Automatically Collected

We may automatically collect the following types of information when you use the Site:

  • Usage Information: We collect certain information automatically through your use of the Site, such as which pages of the Site that you access, the frequency of access, and what you click on while on the Site.
  • Location Information: We may collect information about your location which may be determined from your IP address.
  • Device Information: We may collect information about the device you are using to access the Site, such as hardware model, operating system, application version number, browser, and other device attributes.
  • Mobile Device Information: In addition to the Device Information listed above, when you access the Site via a browser on your mobile device, we may also collect mobile network information, such as the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.

Information from Other Parties

We also collect information from other parties, such as identity verification services or credit reporting agencies. 

Aggregate Information

We may collect statistical or aggregated information that does not directly identify a specific person, but is derived from your Personal Information. For example, we may aggregate Personal Information to calculate the percentage of Site visitors in a particular ZIP code. 

SOURCES OF PERSONAL INFORMATION 

We collect the Personal Information described above from the following categories of sources:

  • Other parts of our business, including any parent company, subsidiaries, and affiliates, some of which do not share our name or branding;
  • Our service providers, such as property management companies, payment processors, or website hosting providers;
  • Consumer reporting agencies;
  • Financial institutions;

USE AND DISCLOSURE OF PERSONAL INFORMATION 

We use the Personal Information that we collect for the following purposes:  

  • In connection with the rental or employment application process, such as determining your eligibility to rent an apartment or suitability for employment, confirming your identity, completing the leasing process or requesting credit and background check reports in connection with lease or job applications;
  • In connection with your lease, such as determining that you continue to meet eligibility/suitability requirements during your lease or employment term with us;
  • To provide services that you request or fulfill our contractual obligations to you, such as completing transactions on the Site;
  • To communicate with you, such as notifying you about updates to the Site or your purchase, rental or employment application;
  • For marketing or promotional purposes, such as informing you of special promotions or offering you additional products or services that may be of interest to you;
  • For specific purposes for which you provide consent, such as if you consent to fill out surveys regarding products and services provided by us, our affiliates, or partners;
  • To provide customer service or technical support, such as contacting you in response to your inquiries, comments and suggestions or when otherwise necessary; 
  • To debug, maintain, and improve our services, such as tracking use of the Site for internal market research or Site improvement; and
  • To protect the Company, its employees, or others, such as to detect security incidents or protect against malicious, deceptive, fraudulent, or illegal activities.

We disclose the following categories of information for our or our service providers’ operational purposes, or other notified purposes:

  • Personal or government identifiers
  • Device and online identifiers and related information
  • Demographic information
  • Financial information
  • Protected characteristics
  • Internet, application, or network activity information
  • Commercial information
  • Professional or employment-related information 
  • Education information 
  • Geolocation data
  • Communications
  • Household information
  • Inferences drawn from Personal Information

We may also disclose the following categories of information for commercial purposes (which may be “sales” in certain jurisdictions): 

  • Personal or government identifiers
  • Device and online identifiers and related information
  • Demographic information
  • Financial information
  • Protected characteristics
  • Internet, application, or network activity information
  • Commercial information
  • Professional or employment-related information 
  • Education information 
  • Geolocation data
  • Communications
  • Household information
  • Inferences drawn from Personal Information

We may disclose this information, for the following purposes:

  • With our service providers or independent contractors: We may share information with other parties that help us perform functions and process your transactions.
  • Within our corporate family: We may share information with our affiliates, joint ventures, or other companies under common control with us, to the extent permitted by law.
  • If there is a change in corporate structure: We may share information in connection with a proposed or actual merger, acquisition, consolidation, change of control, or sale of all or a portion of our business or property or if we undergo bankruptcy or liquidation. 
  • To prevent harm: We may share information if we believe it is necessary in order to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to the rights, property, or personal safety of any person. 
  • For legal purposes: We will share information where we are legally required to do so, such as in response to court orders or legal process; to establish, protect or exercise our legal rights; to defend against legal claims or demands; or to comply with applicable legal requirements.
  • For legitimate business purposes: We reserve the right to share information with other parties for our legitimate business purposes, to the extent permitted by law.
  • With your consent: We may request your permission to share your Personal Information for a specific purpose. We will notify you and request consent before you provide the Personal Information or before the Personal Information you have already provided is shared for such purpose.
  • Without identifying you: We may share information in a manner that does not identify you. For example, we may share anonymous, aggregate information about your use of our Site and products with our service providers.

We may share Personal Information with the following categories of third parties for valuable consideration (which may be “sales” in some jurisdictions):

  • Members of our corporate family, including our affiliates
  • Service providers, such as advertising and marketing providers, payment processors, and analytics companies
  • Management companies
  • Data brokers
  • Consumer reporting agencies

We do not engage in these disclosures for Personal Information of minors under age 16 without affirmative authorization.

PROTECTION OF PERSONAL INFORMATION 

The security of your Personal Information is important to us. We maintain reasonable physical, technical and administrative security measures to protect and limit access to your Personal Information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially-acceptable means to protect your Personal Information, we cannot guarantee its absolute security. 

USE OF COOKIES

We may directly or through our third-party service providers collect information through “cookies.” Cookies are small strings of text sent by our Site to your browser and then stored by your browser on your device’s hard drive. Cookies help us understand how you use our Site and other linked sites so that we can personalize and improve your experience on our Site. Most Web browsers automatically accept cookies, but you may change your browser settings so it won’t accept cookies.

The Site does not respond to “Do Not Track” signals sent by Internet browsers. 

THIRD-PARTY INFORMATION COLLECTION 

Some content or applications on the Site may be provided by third parties, including advertisers, ad networks and servers, analytics companies, and application providers. These third parties may use cookies or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different sites and other online services. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Site.

One of the third-party services the Site uses is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to analyze how individuals use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity, and providing other services relating to Site activity.  We may also enable additional Google Analytics Advertising Features, including Remarketing with Google Analytics. Remarketing with Google Analytics uses the Google Analytics and/or a third party cookie to serve advertisements to you across the Internet based on your visit to our Site. For more information about how Google collects and uses information, visit www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time. To opt out of being tracked by Google Analytics across all sites visit: http://tools.google.com/dlpage/gaoptout

We may also use Facebook remarketing, a service offered by Facebook Inc. (“Facebook”) to service advertisements on third-party websites after you visit our Site. For more information about interest-based advertising from Facebook and/or to opt out from Facebook’s interest-based ads visit, https://www.facebook.com/help.

LINKS TO THIRD-PARTY WEBSITES

Our Site may offer links to other sites operated by third parties for your convenience.  Such third-party websites may have information, policies, and practices different from our Site. We do not control and are not responsible for the privacy policies, practices and/or content of such third-party sites. Please contact such third-party sites directly for information regarding such websites. 

CHILDREN 

The Site is not directed to, nor do we knowingly collect information from, children under 16 years of age.  If you become aware that your child or any child under your care has provided us with information without your consent, please contact us using the contact information listed below.

YOUR CHOICES

If you are a California resident, you may have the following rights with respect to your Personal Information, subject to applicable exceptions: 

  • Right to access Personal Information. You may be entitled to request that we disclose to you the specific pieces of your Personal Information that we have collected in the 12 months preceding your request.  
  • Right to data portability. You may be entitled to request a copy of your electronic Personal Information in a readily-usable format.
  • Right to disclosure. You may be entitled to receive the following information with respect to the 12 months preceding your request: the categories of Personal Information we have collected, the sources from which we collected that Personal Information, the purposes for which we collected and shared that Personal Information, the categories of Personal Information that we sold and the categories of third parties to whom we sold Personal Information, and the categories of Personal Information that we disclosed for a business purpose. 
  • Right to deletion. You may be entitled to request that we delete the Personal Information that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need or be required to keep such information, such as for our legitimate business purposes or to comply with applicable law.
  • Right to optout of certain sharing with third parties. You may be entitled to direct us to stop disclosing your Personal Information to third parties in exchange for monetary or other valuable consideration. You can exercise such right to opt-out by contacting us via info@519onBroadway.com.

Please note that these rights may be limited under applicable laws.  For example, we may need to retain certain Personal Information for business purposes, to complete transactions you have requested, to comply with our legal obligations, or for other purposes as required or permitted by applicable law.  

If you wish to exercise your rights under applicable law, please contact us at info@519onBroadway.com or 1-617-944-9798 or go to https://www.519onbroadway.com/contacts/. If you would prefer, you may designate an authorized agent to make a request on your behalf. Please note that we may require additional information in order to verify your identity and process your request. We will not discriminate against you because you exercise any of the consumer rights described in this section.

In addition to the rights described above, California residents who provide Personal Information to us in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information that we disclosed, if any, to other businesses for their own marketing purposes in the immediately prior calendar year. This request may be sent electronically by email to info@519onBroadway.com or by phone at 1-617-944-9798. We will respond to these requests within 30 days. Requests for this information that come to us through other channels may result in a delayed response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

CONSENT AND CHANGES TO THE POLICY  

By using this Site and providing us with Personal Information, you have consented to our contacting you by email to provide you with information relating to your inquiry.  You may opt out of any future commercial email messages from us by choosing the link with instructions on how to remove yourself from our email list.

We reserve the right, at any time, to make changes to this Policy. Please check this page periodically for the most recent version of this Policy. Unless otherwise stated, any changes will be effective immediately upon posting to the Site. Your continued use of this Site after any changes have been made will constitute acceptance of the revised Policy.

Should you have other questions or concerns about this Policy, please send us an email at info@519onBroadway.com.

Terms of Use

Effective Date: March 7, 2020

These Terms of Use apply to your use of websites (collectively, the “Site”) that are owned and operated by Legacy Building & Development Corporation (“Company,” “we,” or “our”).  

1. AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE. BY USING THE SITE OR OTHERWISE ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THEM.

This Agreement governs your use of the Site and your access to and use of the content, postings, links, pages, services, products, features, and/or other materials offered on the Site and any other sites that Legacy Building & Development may make available and that link to or otherwise incorporate this Agreement (which, collectively, constitute the “Services”). By accessing any of the Services, you agree you are bound by this Agreement, as it may be amended or supplemented from time to time, and agree to all operating rules that may be published by Legacy Building & Development on the Site. All rules are incorporated into this Agreement by this express reference. If you do not understand or agree to be bound by this Agreement, please do not access the Site or our Services.

THIS AGREEMENT CONTAINS A PROVISION THAT GENERALLY REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.  PLEASE SEE SECTION 13 BELOW FOR INFORMATION.

2. OWNERSHIP.  If we allow or request the submission of your opinions, reviews, ideas, suggestions, emails, or feedback (collectively, “Feedback”), you grant Legacy Building & Development the license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense, and otherwise use your Feedback for any or all commercial or non-commercial purposes. . 

3. INTENDED USE. You may not download, publish, modify, or otherwise distribute any material on this Site for any purpose other than for informational purposes. You may not use this Site if you are under the age of 18 or lack legal capacity to enter into a contract. We make no representation that content, materials, or information available through the Site are appropriate or available for use outside of the United States.

Nothing contained on this Site or available through our Services or elsewhere should be construed, by implication or otherwise, as a warranty or representation that Legacy Building & Development, or any affiliated property or entity, is adequately capitalized to conduct the business in which it is engaged. 

All photographs and images on the Site are for illustrative purposes only. All renderings of views and exposure to light are for representational purposes only. Legacy Building & Development makes no representations with respect to actual, current or future views from any particular elevation, floor, or unit, nor does Legacy Building & Development make any representations as to accuracy by any existing or future construction or demolition by Legacy Building & Development or a third party. 

4. THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. You may not use the Site Services to transmit material that: (i) reveals trade secrets, unless you own them or have the permission of the owner; or (ii) infringes or violates the privacy or rights of publicity of others.

5. YOUR PRIVACY. By accepting this Agreement and submitting your personal information on our Site, you understand and agree that we may use, collect, and share such information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into this Agreement. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (e.g., of credit card information) is encrypted.

6. YOUR CONDUCT. When using the Site and the Services, you agree to:

  • comply with all applicable laws, rules, and regulations;
  • not take any action that interferes with the proper working of the Site or the Services, compromises the security of the Site or the Services, or otherwise damages the Site or the Services or any materials and information available through the Site or the Services;
  • not use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Use;
  • not solicit the performance of any illegal activity or other activity that infringes our rights or the rights of others; 
  • not attempt to gain unauthorized access to any portion or feature of the Site or the Services, to any other systems or networks connected to the Site or the Services, to any of our servers, or to any of the services offered on or through the Site or the Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
  • not probe, scan, or test the vulnerability of the Site or the Services or any network connected to the Site or the Services;
  • not attempt to breach the security or bypass the authentication measures on the Site or the Services or any network connected to the Site or the Services;
  • not upload any viruses or other malicious code to the Site or the Services;
  • not use the Site or the Services, or any service or information made available or offered by or through the Site or the Services, in any way where the purpose is to reveal any information, other than your own information or information that we make available to you through the Site or the Services; and
  • not use any automated means to collect information or content from or otherwise access the Site or the Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.


7. INFORMATION, NEWS, AND PRESS RELEASES. The Site may contain information, news, and/or press releases about us.  We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk. 

8. LINKS AND THIRD-PARTY WEBSITE CONNECTIONS. Legacy Building & Development may provide links or may automatically link you to other websites from the Site. Also, at your request, the Site may connect to social networking websites that are not owned or controlled by us. Legacy Building & Development provides such links and connections for your convenience and does not endorse those third-party websites. Legacy Building & Development is not responsible for the content of any third-party website. Further, Legacy Building & Development is not responsible for and has no control over your interactions with third parties on third-party websites, including websites that Legacy Building & Development automatically links you to. Therefore, you should always carefully review the privacy policies and terms of use for third-party websites.

9. ELECTRONIC COMMUNICATIONS.  When you use the Site or Services, you may enter into agreements and effectuate communications electronically. You agree to the use of electronic records and signatures in association with the Services. Your agreement and intent to use electronic records and signatures applies to all transactions you enter into through the Services. If you do not wish to use electronic records and signatures, do not use the Site or Services. You may have a legal right to receive certain information from us in writing. You agree that we may use email and other electronic means to provide you with such information as well as for other communications. To access and retain this information you will need to provide us with an active email account, and you must have an Internet-connected device that is capable of receiving HTML emails and a method of storing or printing those emails. You may have a legal right to receive paper copies of certain notices or to withdraw your consent for Legacy Building & Development to use electronic records to provide you with information that is required by law to be in writing. To inquire about or exercise the rights you may have, contact us via the channels listed below. You confirm that you have the ability to access and retain emails.

10. RIGHT TO REVISE THIS AGREEMENT. Legacy Building & Development has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, “Additional Terms”) on your use of the Site or Services without prior notice to you. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by Legacy Building & Development to the Site. Use of the Site following such notice indicates your acceptance of all such Additional Terms. For these reasons, we encourage you to review the Terms of Use whenever you access the Site.

11. REVISION/TERMINATION OF THE SERVICES. Legacy Building & Development has the right, at any time, to modify or discontinue, temporarily or permanently, the Site or Services, and/or to refuse or restrict anyone from access to any part of the Site or Services, with or without notice and in its sole discretion. Legacy Building & Development shall not be liable for any modification, suspension or discontinuance of the Site or any Services.

12. LEGACY BUILDING & DEVELOPMENT MAKES NO WARRANTIES. YOUR USE THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. LEGACY BUILDING & DEVELOPMET DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, LEGACY BUILDING & DEVELOPMET DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM JURISDICTIONS WHERE THE CONTENT IS ILLEGAL IS EXPRESSLY PROHIBITED. 

Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you. 

13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS EXPRESSLY ESTABLISHED IN THIS AGREEMENT, LEGACY BUILDING & DEVELOPMENT IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LEGACY BUILDING & DEVELOPMET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LEGACY BUILDING & DEVELOPMET FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO DOLLARS ($2). 

In the event the applicable jurisdiction does not allow the limitation on liability to the extent indicated above, our liability in such jurisdictions shall be limited to the extent permitted by law.

14. CHOICE OF LAW. The Services are controlled by Legacy Building & Development from within the State of Massachusetts, USA. By accessing the Services, you agree that the laws of the State of Massachusetts, USA govern all matters relating to this Agreement, and the use, or inability to use, the Services, and that such laws will apply without regard to principles of conflict of laws. 

15. DISPUTE RESOLUTION AND CLASS ACTION WAIVER.  To the fullest extent permitted by law, you and Legacy Building & Development agree to submit exclusively any claim, controversy, or dispute arising out of or relating to the Site, the Services, this Agreement, or any other policies or other terms incorporated therein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) for resolution by confidential, individual, binding arbitration, except that you may assert claims in small claims court if your claims qualify.

The parties agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, including any claim that all or any part of this agreement to arbitrate is void or voidable.  The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.

To the fullest extent permitted by law: (i) you expressly waive any right you may have to arbitrate a Dispute as a class action; and (ii) you also expressly waive your right to a jury trial. 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms of use as a court would. 

The arbitration will be held in Boston, Massachusetts.  

Disputes will be arbitrated on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in Boston, Massachusetts.  The parties waive any plea or defense that such courts are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.

The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. 

Notwithstanding anything to the contrary in this section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction.

Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.

In the event that any provision of the agreement to arbitrate is held invalid or unenforceable, all other terms within the agreement to arbitrate shall remain in full force and effect.

16. MISCELLANEOUS TERMS. This Agreement constitutes the entire agreement between you and Legacy Building & Development with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and Legacy Building & Development relating to such subject matter. This Agreement may be supplemented by any other agreement you enter into with Legacy Building & Development, such as pursuant to a registration to access certain features of the Site. The failure of Legacy Building & Development to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions should be interpreted to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. Sections 12 through 15 shall survive termination of this Agreement. The section headings used in this Agreement are for convenience only and have no legal effect. 

17. CONTACT US. If you have any questions or concerns about the Site, our Services, or this Agreement, please contact us at info@519onBroadway.com.

Fair Housing

Legacy Building & Development complies with all applicable federal, state and local laws, including but not limited to, the Fair Housing Act, 42 U.S.C. § 3601 et seq., as amended (“FHA”), as well as any similar applicable state and local laws regarding fair housing and discrimination.

The FHA prohibits discrimination against any person in connection with the rental of an apartment based upon race, color, religion, sex, national origin, familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18) or disability, or advertising any preference, limitation or discrimination based upon any of the foregoing, or advertising any intention to make any such preference, limitation, or discrimination.

Similar state or local laws may provide additional protections.