Terms of Service

Last updated: Feb 14, 2021

Background

Byson Real Estate Co. LLC. is a licensed brokerage in New York State and Colorado which performs the following services:

  1. Buyer Representation

  2. Seller Representation

  3. Rent & Payment Collection performed by third-party Service Provider;

  4. Application Processing (i.e., credit & background checks) performed by third-party Service Provider;

  5. Digital Lease Signing; and

  6. Marketing of Listings

Byson represents and assists individuals in real estate transactions. Thus, users of Byson’ Service (defined below) typically are either owners, tenants and/or prospective tenants. For the purpose of these Terms and Conditions, users of the Service will be referred to as “You” or “Your”.

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.byson.io website (the "Service") operated by Byson Real Estate Co. LLC (hereinafter referred to as “Company” "Us", "We", or "Our").

Your access to and use of the Service is conditioned upon Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of the Terms and Conditions, then You do not have permission to access the Service. For the avoidance of doubt, if you access the Service You will be deemed to have consented to these Terms and Conditions.

Definitions

  • “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, membership interests, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • “Account” means a unique account created for You to access Our Service or parts of Our Service.

  • “Website” refers to the Byson website, accessible at https://www.byson.io

  • “Service” refers to the Website.

  • “Country” refers to: New York, United States

  • “Service Provider” means any natural or legal person who processes the data on behalf of the Company. Further, Service Provider refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

  • “Personal Data” is any information that relates to an identified or identifiable individual and can include a name, address state, province, zip/postal code, city, country, profile picture, identification number, location data, online identifier or one or more factors specific to the physical, psychological, genetic, mental, economic, cultural and/or social identity of an individual. Further and for the avoidance of doubt, “Personal Data” shall also include information that identifies, relates to, describes or is capable of being associated with or could reasonably be linked, directly or indirectly to You including but not limited to as Your social security number, tax identification number, images of Your driver's license, government-issued ID, passport, national ID card, birthdate, and other authentication information.

  • "Business Data” is any information that relates to Your business activities.

  • “Information” is any information that relates to Personal Data and Business Data.

Communications / Notifications

By creating an Account on our Service, You agree to subscribe to newsletters, marketing or promotional materials and other information We may send. However, You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email we send.

As part of the Services We provide, You may also receive push notifications, text messages, alerts, emails, or other types of messages directly sent to You outside or inside the web site ("Notifications"). You have control over the Notification settings and can opt-in or out of these Notifications through the Service.

Purchases

If You wish to purchase any product or service made available through the Service ("Purchase"), You may be asked to supply certain information relevant to Your Purchase including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. By providing Us Your payment information, You authorize Us to collect it and share it with Forte or other third-party Service Providers for the purpose of executing online payment transactions.

You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to us is true, correct and complete.

We reserve the right to refuse or cancel Your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in Your order, fraud, suspected or actual unauthorized or illegal transaction or other reasons (“Cancellation Justification”). If We cancel Your order based on a Cancellation Justification, we will have no liability to You for any losses or damages You may incur as a result of the cancellation.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in Our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and We cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Refunds

Refund requests will be considered on a case by case basis by the Company and may be granted or denied in the sole discretion of Company.

Accounts and Security

When You create an account with Us, You guarantee that You are above the age of 18 and that the Information You provide Us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your Account on the Service.

You must be a human. Accounts registered by "bots" or other automated methods are not permitted. No screen-scraping, reproducing, or aggregating the information or other content on Our site.

You are responsible for maintaining the confidentiality of Your account and password, including but not limited to the restriction of access to Your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate written authorization from the third party owner. You may not use as a username any name that is offensive, vulgar or obscene. It is in the sole discretion of Company to reject or cancel a username which the Company deems inappropriate or otherwise detrimental or offensive.

You may not use another user's account without permission. If You are found to have accessed a user’s account without permission, You will be immediately and indefinitely prohibited from utilizing the Service.

You agree that You will comply with all applicable fair-housing and anti-discrimination laws as well as any other laws, rules or regulations in effect in any location wherein You do business.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion at any time, with or without notice.

Intellectual Property Rights Policy

We respect the Intellectual Property Rights of others. It is Our policy to respond to any claim that User Content posted on the Service infringes on the Intellectual Property Rights (including copyright) ("Infringement") of any person or entity.

If You are an Intellectual Property Rights owner or authorized on behalf of one, and You believe that the copyrighted or otherwise protected work has been copied in a way that constitutes copyright infringement or any other type of intellectual property infringement, please submit Your claim via email to support@byson.io, with the subject line: "Intellectual Property Rights Infringement" and include in Your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any User Content found on and/or through the Service on Your intellectual property rights.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located;

  • Your address, telephone number, and email address;

  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

  • You can contact our Copyright Agent via email at support@byson.io.

Intellectual Property

The Service and its original content (excluding User Content provided by users), features and functionality are and will remain the exclusive property of Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company which can be granted or withheld in Company’s sole discretion.

Third-Party Service Providers

Our Service may contain links to third-party web sites or services that are not owned or controlled by Byson Real Estate Co.  LLC.

Byson Real Estate Co. LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. If You elect to use any third-party websites or services, whether or not accessed by links provided by Company, Company shall have no liability for any matter arising from our use or solicitation of said third-party web sites or services.

FORTE

We use Forte to execute online payment transactions. By using this feature of the Service, You agree to be bound by the Forte Terms of Service Agreement. This may be updated from time to time. Any authorization You provide to make repeating automatic payments using the Service will remain in effect until canceled.

TORTUS

We use Tortus to request credit and background reports from users who wish to share this information to complete an application or screen tenants using the Service. By using this feature of the Service, You agree to be bound by the Tortus Terms of Service Agreement. This may be updated from time to time.

Feedback

You may submit feedback, comments, and suggestions to improve the web site via our Service (“Feedback“). Any Feedback You submit to Us will be considered non-confidential and non-proprietary to You. By submitting Feedback to Us, You grant us a non-exclusive, worldwide, royalty-free, fully paid, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.

Termination

If You wish to terminate Your Account, You may do so via the Service web site by providing written notice of termination. Upon termination, Your Personal Data and Business Data will be deleted. However, you understand and acknowledge that any User Content that has been made public will not be subject to this deletion provision.

We may terminate or suspend Your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to: (i) a breach of the Terms and Conditions, or (ii) You have a free account that has not had any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration. We will make reasonable efforts to notify You through Our Service, the next time You attempt to access Your Account, or by an email address or phone number, You have provided Us (if applicable). If we terminate Your access to the Service, Your Content and all other data will no longer be accessible through Your Account.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) Your use and access of the Service, by You or any person using Your Account and password; b) a breach of these Terms and Conditions, or c) User Content posted on the Service.

Limitation Of Liability

IN NO EVENT SHALL COMPANY., NOR ITS DIRECTORS, EMPLOYEES, OFFICERS PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

Company. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet Your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to You.

Governing Law

These Terms and Conditions shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. Further, by accessing the Service, You represent, warrant and agree that Your activities are lawful in every jurisdiction where You access or use the Service.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration with the American Arbitration Association (“AAA”). The parties expressly agree to abide by any and all rules of AAA. In the event that a party fails to pay any award, the award may be converted to judgment in a Court of competent jurisdiction.

Waiver and Severability

Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights. If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect. These Terms and Conditions constitute the entire agreement between Us regarding our Service, and supersede and replace any prior agreements we might have had between Us regarding the Service.

Agency

No joint venture, partnership, employment, or agency relationship exists between You and Company as a result of these Terms and Conditions or Your Use of the Service.

Changes

We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material We will endeavor to provide at least fifteen (15) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Company’s sole discretion.

By continuing to access or use Our Service after any revisions become effective, You agree to be bound by the revised Terms and Conditions. If You do not agree to the new Terms and Conditions, You are no longer authorized to use the Service.

General Terms

PAYMENTS

We never take custody of money. You transfer using the Service and We are not responsible for what recipients do with the payments You make. For example, We are not responsible if a Landlord returns a tenant’s deposit or if a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute of a payment made to You. You authorize Us and our third-party payment providers to reverse or otherwise debit funds from Your account in accordance with the applicable financial institutions and network policies and procedures. In the event We are unable to reverse or otherwise debit funds from Your account, You agree promptly to deposit such funds upon Our request. We may also initiate a reversal or other debit, or take other actions We determine to be appropriate if We believe fraud or other abuse of the Service has occurred.


VERIFICATION PROCEDURES

You hereby authorize us, directly or through third parties, to make any inquiries We consider necessary to validate Your identity and/or authenticate Your identity and account information. This may include asking You for further information and/or documentation about Your Account usage or identity, or requiring You to take steps to confirm ownership of Your email address, wireless/cellular telephone number or financial instruments, and verifying Your information against third party databases or through other sources. This process is for internal verification purposes. You further understand that We may charge a fee for this verification process.

ACCOUNT ACCESS

In some cases, it is necessary for Our employees, contractors, or agents to access Your Account and content in order to diagnose a problem. When You contact Our support team, it is implied that You are allowing Us to access Your account if necessary, in order to be helpful. If You wish to receive assistance without granting permission to Your account, please specify as much in Your communication with Our support team and those requests will be honored to the extent possible.

ADVERTISING AND ACCOUNT ACCESS

Some of the Service may be supported by advertising revenue and may display advertisements and promotions, and You hereby agree that We may place such advertising and promotions on the Service or on, about, or in conjunction with Your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to You.

SERVICE INTERRUPTION

Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, for unscheduled downtime, for system and server failures, or due to failure of telecommunications links and/or equipment. Consequently, We encourage You to maintain Your own backup of Your Content. In other words, We are not a backup service and You agree that You will not rely on the Service for the purposes of Content backup or storage. We will not be liable to You for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.

EQUAL HOUSING OPPORTUNITY

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Contact Us

If You have any questions about these Terms and Conditions, please contact us at support@byson.io.