Legal Conditions

Revised October 2017

The Castagna Realty website, the Americana Manhasset® website, and the Wheatley Plaza® website (collectively, “Sites” or our “Service”) are managed by Castagna Realty Co. Inc., through its offices in the United States (“Castagna Realty”/“we/us/our”). Thank you for visiting our Sites.

PLEASE READ CAREFULLY

This Terms of Use Agreement (this "Agreement") is a legal agreement between you and Castagna Realty. This Agreement govern the use of and access to our Sites.

Your use of these Sites is governed by the following terms of use (“Terms”) contained within this Agreement. If you do not agree with all of these Terms, please exit our Sites. By using our Sites, you agree to comply with and to be bound by this Agreement and the Terms contained within, including the privacy policy and, when you make an online purchase, the purchase information. Castagna Realty reserves the right to, from time to time, change this Agreement and Terms at its sole discretion. By using this Site after any such change, you agree to comply with, and be bound by, the Agreement and Terms as changed.

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OUR SITES, YOU ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS, OR DELETIONS, AND WHETHER OR NOT YOU HAVE READ THEM.   IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR SITES. YOU MAY BE DENIED ACCESS TO THE SITES WITH OR WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT.

LICENSE TO USE THESE SITES

We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use our Sites. We reserve all rights, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS SITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. You agree that you will not; (i) use our Sites to reproduce copyrighted material; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on our Sites; or (iii) use our Sites in any way that violates the terms of this Agreement.

PROHIBITED ACTS

By using our Sites, you represent, warrant and covenant that you will not:

• intercept, interfere with or redirect e-mail intended for third parties, or any form of network monitoring, scanning or probing, or other action for the unauthorized interception of data or harvesting of e-mail addresses; 
• hack-attempting to attack, breach, circumvent or test the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network; 
• impersonate others in order to obtain another user's account password or other personal information; 
• use the Service to deliver spyware, or secretly or deceptively obtain the personal information of third parties (phishing, etc.), or engage in modem hi-jacking; 
• use any program, file, script, command or the transmission of any message or content of any kind, designed to interfere with a terminal session or the access or use of the Internet or any other means of communication; 
• distribute or use tools designed to compromise security, including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations); 
• engage in unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; this would include use of sniffers or SNMP tools; 
• falsify packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin; 
• knowingly upload or distribute files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; 
• engage in the transmission of pirated software; 
• with respect to dial-up accounts, use any software or device designed to defeat system time-out limits or to allow your account to stay logged on while you are not actively using the Service or using your account for the purpose of operating a server of any type; 
• use manual or electronic means to avoid any use limitations placed on the Service; 
• gain unauthorized access to private networks; and 
• violate rules, regulations, and policies applicable to any network, server, computer database, web site, or ISP that you access through the Service.
• use the Service for any other illegal or illicit purpose.

You agree that you will not use our Sites in any manner that could damage, disable, overburden, or impair our Sites or interfere with any other party's use and enjoyment of our Sites.

COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY

All materials on our Sites, and the Sites themselves, are protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by Castagna Realty or its subsidiaries or affiliates, or used with permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in these Sites, as well as the software used in the design and development of the Sites. All rights are reserved, worldwide.

The materials contained on these Sites are displayed for informational and promotional purposes only. Our Sites are solely for private, personal, and noncommercial use. You may download or copy materials on these Sites solely for your personal non-commercial use. You do not obtain any right, title or interest in any material or software as a result of any such downloading or copying. You may not reproduce (except for your personal non-commercial use), publish, transmit, distribute, display, remove, delete, add to, otherwise modify, create derivative works from, sell or participate in any sale of, our Sites, any of the materials on these Sites, or any related software. Any other use of materials on these Sites, including reproduction for purposes other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Castagna Realty is strictly prohibited.

PRIVACY POLICY

Click here to see Castagna Realty’s Privacy Policy. Please review this privacy policy and print a copy for your records. 

SUBMISSIONS

Any ideas, suggestions, information, know-how, material, reviews, designs, concepts, photographs, testimonials or any other content received by us from you or others through these Sites, or through any other form, including but not limited to, mail, email, social media, text message, or in store communication (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and our reliance on any Submissions. Castagna Realty is not responsible for the consequences of any Submissions. You represent and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights, and agree to indemnify Castagna Realty regarding any violations or alleged violation of such rights. To the maximum extent permissible by applicable law, Castagna Realty assumes no voluntary obligation for screening or monitoring Submissions made to Our Sites by users or any other form of information submitted by users, including but not limited to,  mail email, social media, text message, in store communication.

If notified by a user of a Submission allegedly in violation of these Terms, Castagna Realty may investigate the allegation and determine in good faith and its sole discretion to the maximum extent permissible by applicable law whether to remove such Submissions. To the maximum extent permissible by applicable law, Castagna Realty assumes no liability or responsibility to users for performance or nonperformance of such activities. Castagna Realty may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. 

TERM

This Agreement will remain effective until terminated by Castagna Realty.

LINKING

Castagna Realty Sites may contain links to other websites. We are not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. Castagna Realty does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. Castagna Realty is not responsible for the privacy, terms of use, or any other policy other than its own.

DISCLAIMER

Material on our Sites may contain inaccuracies or typographical errors. Castagna Realty is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through our Sites. It is your responsibility to evaluate the information and other content available through these Sites. These Sites and the information and materials contained in these Sites are subject to change at any time, and from time to time, without prior or subsequent notice.

THESE SITES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS". ANY USE OF THESE SITES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.   WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THESE SITES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERTO.

WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULTS OF THE USE OF THESE SITES (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.  WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THESE SITES OR YOUR USE OF OUR SITES. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE OUR SITES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. SOME OF THE CONTENT AVAILABLE THROUGH THIS SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE.  THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS AGREEMENT. 

Castagna Realty shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these legal conditions if the same is wholly or partly caused by circumstances beyond our reasonable control.

INDEMNITY

YOU WILL INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF OUR SITES.

GOVERNING LAW

You agree that: these terms and your use of the Sites shall be governed by the laws of the New York, without regard to conflicts of laws principles and Castagna Realty, shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the State of New York in Nassau County, and you agree that such courts will have personal jurisdiction over you in such matters through your use the Sites. Further, you agree that any action you bring that arises from, or relates to, the Sites must be initiated within one year from the relevant date of the your access to the Sites, and that no cause of action may be brought after that time. You agree that if any provision(s) of these terms and conditions are determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of these terms and conditions shall not invalidate the remaining portions of these terms and/or the spirit of these terms and the remainder of these terms will continue and shall remain in full force and legal effect. Any failure by Castagna Realty to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. You agree that these terms constitute the entire agreement between you and Castagna Realty regarding its subject matter and it supersedes any prior or contemporaneous agreements between you and Castagna Realty regarding its subject matter. You agree that any notices given by you to Castagna Realty must be given by e-mail (addressed to info@castagnarealty.com (Subject: Legal Notices and Terms of Use)), or by postal mail to the following address:

Castagna Realty Co. Inc
2110 Northern Boulevard, Suite 201
Manhasset, NY 11030
Attn: Legal Notices and Terms of Use

GENERAL

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY THIS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.