Terms and Conditions

Welcome to the Rockrose website. Rockrose Development Corp. ("Rockrose") provides this website ("Site") to you the user ("You," "Your") subject to the following terms and conditions of use and the Privacy Policy (the "Terms and Conditions"). Please read these Terms and Conditions carefully. These Terms and Conditions include Rockrose's Privacy Policy located below, which is incorporated and made a part of these Terms and Conditions.

Your use of this Site signifies acceptance of these Terms and Conditions and Privacy Policy. If You do not accept and agree to all of these Terms and Conditions and Privacy Policy, do not use the Site or the Services provided herein. By accessing or using the Site, You agree to be bound by these Terms and Conditions including Rockrose's Privacy Policy set forth below. Rockrose reserves the right to modify these Terms and Conditions and Privacy Policy by posting new versions. Rockrose may also provide additional notice of significant changes. Your use of the Site after the date of the last modification listed at the end of these Terms and Conditions indicates You agree to the changes.

  1. Acceptance of Terms. Your access to and use of this Site is subject on Your compliance with these Terms and Conditions and all applicable laws. By accessing and browsing this Site, You accept, without limitation or qualification, the Terms and Conditions herein. Your continued use of this Site is contingent upon Your checking for any updates to these Terms and Conditions and Your agreement to be bound by any such revisions. You can view the most current version of the Terms and Conditions at any time by clicking on the Terms and Conditions link at the bottom of the Site. Please note that websites launched by any affiliates, subsidiaries or divisions of Rockrose may be governed by separate terms and conditions.
  2. Description of Services. Rockrose provides users of the Site with access to information about Rockrose as further described below ("Service(s)"). This Service enables You to browse commercial and residential properties, view information about Rockrose and read press releases, news articles, and other information. From time to time Rockrose may post and accept employment information, whereby You can also submit inquiries via an email form, submit a resume in consideration for a position of employment at Rockrose Development Corp. You can send resumes in response to posted jobs or as a general submission in case a suitable job becomes available and Rockrose's HR department may send information to the user or contact the user by phone or email. As part of such inquiries you may provide personally identifiable information to Rockrose (including, name, email address and other optional information) in conjunction with a request for employment or if you request information from the company's press and news section. Rockrose will keep such information and periodically forward the appropriate information to the HR department. You can send resumes in response to posted jobs or as a general submission in case a suitable job becomes available and Rockrose's HR department may send information to You or contact You by phone or email.
  3. Use of Site. Rockrose authorizes You to use the Site and Service for Your personal use only. All content on this Site, including rental and sales information ("Properties"), text, graphics, photographs, logos, images, audio clips, video clips, streaming content, downloads, and data (the "Content") is the property of Rockrose or its third party suppliers and licensors and is protected by copyright laws. This Service, the Site and its Content is solely intended to assist individual customers and real estate brokers in contacting Rockrose and its agents concerning Properties and other Rockrose services. You may not sell, copy, distribute, publish, perform publicly, license, sublicense, transfer, assign, publish, display, scrape, transmit, download, store, post, enter into a database or in any way exploit the Content, including the Properties, in whole or in part. You agree that You will not use any robot, spider or other automated device, process, or means to access the Site. You agree that You will not use any device, software or routine that interferes with the proper working of the Site nor shall You attempt to interfere with the proper working of the Site. You agree that You will not use any manual process to monitor or copy the Site web pages or the Content or for any other unauthorized purpose without Rockrose's prior express written permission. You agree that You will not use this Site to interfere with or disrupt the Service or servers or networks connected the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance. No person, including without limitation any broker or real estate professional, may market or make commercial use of Properties or Content in any way, except as permitted by Rockrose in writing. You may not use any photographs or other images on the Site for commercial use. Rockrose may revoke your right to use the Site, Properties or Content in its sole discretion. In the event that Rockrose, in its sole discretion, determines that Your use of the Site, Properties or Content misrepresents the Site, Properties or Content, including but not limited to the size or type of listing, or is otherwise unauthorized, Rockrose reserves its right to seek any appropriate legal remedy.You may not use the Site, Service, Content or Property in violation of the rules of Real Estate Board of the City of New York, the New York State Department of State, the New York State Department of Banking, or any other federal, state, or local law or regulation. Any such improper action is expressly prohibited by law, and may result in civil and/or criminal penalties. Violators will be prosecuted to the fullest extent of the law. All software used on this site is the property of Rockrose or its software suppliers and is protected by applicable laws.
  4. License Terms. You have a non-exclusive, limited, revocable license to visit and use the Site and Services while You are in compliance with these Terms and Conditions, and all other conditions and limitations described for use of the Site. Nothing in this license, or in the Site, shall be construed as granting You any other rights or privileges of any kind with respect to the Site or any Content on the Site. In consideration of this authorization, You agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and You agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials and Content contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of Rockrose is expressly prohibited.
  5. Rockrose Privacy Policy. Any and all personal information posted to this Site is subject to our Privacy Policy. Rockrose believe that Your privacy and the privacy of all our users is important. These Terms and Conditions are subject to the Privacy Policy, which is hereby incorporated by reference. Rockrose will not be responsible or otherwise liable for any use or disclosure of Your contact information, or financial information, by a third party to whom Rockrose is allowed to disclose Your contact information under the Privacy Policy. If You provide Rockrose with any personal information by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to You, except as required by law. You can access our Privacy Policy by clicking here.
  6. Links. Links to third party websites contained in this Site are intended for informational purposes only. Rockrose has no control over such third party websites, makes no representations about such websites, does not endorse such websites and assumes no responsibility for any content or materials on or available from such websites. Your rights and obligations with respect to any such website are set forth therein.
  7. No Resale of Service. You will not duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service.
  8. Modifications to Service. Rockrose reserves the right to modify, suspend or discontinue all or a portion of the Service with or without notice. You agree that Rockrose shall not be liable to You for any modification, suspension or discontinuance of the Service.
  9. Termination of Services. Rockrose reserves the right to terminate Your use of the Services or Your access to the Site, for any reason. Any termination pursuant to this provision may be without prior notice and You agree that Rockrose shall not be liable to You for such termination.
  10. Disclaimer of Warranties.
    1. This Site and Service is provided on an "as is" "as available" basis. Rockrose expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, course of dealing or usage of trade and non-infringement;
    2. The information posted on the Site, in queries to the Site resulting from the Services, and in emails generated from the Site is given as of the date hereof and Rockrose assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur;
    3. Rockrose makes no warranty that (i) the Site, Content, Properties or the Services will meet Your requirements, (ii) the Site or the Services will be uninterrupted, available, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate or reliable, (iv) the quality of the information or materials obtained by You through the Site or the Services will meet Your expectations, or (v) any errors in the Site, Services, Content or software will be corrected;
    4. Any material downloaded or otherwise obtained through the use of the Site or the Services is done at Your own risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the download or receipt of any such material;
    5. The posting of jobs by us or Your submission of a resume shall not mean that You are considered an applicant of a job at Rockrose nor shall it be deemed the offer of a job to You; You are not considered an applicant until You have been contacted by an HR representative. Then, You may be asked to come in and fill out an Employment Application and/or begin the employment process involving an interview or job related testing. We make no representations or warranties that the job postings remain accurate or available.
    6. No advice or information, whether oral or written, obtained by You from Rockrose, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.
  11. Limitation of Liability. Rockrose shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or the inability to use, the Site or the Service.
  12. Indemnification. You agree to indemnify, defend, and hold harmless Rockrose and its affiliates and providers, and Site hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, fines, expenses, damages and costs, including reasonable attorneys' fees, resulting or in connection with any violation by You of these Terms and Conditions, Privacy Policy, and Your use of the Site, Content, Property information.
  13. Governing Law. These Terms and Conditions are to be construed in accordance with and governed by the internal laws of the State of New York, without giving effect to any conflicts of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties. Any legal suit, action or proceeding arising out of or relating to this Terms and Conditions, Your use of the Site, Service or Content shall be commenced in a federal court in the Southern District of New York or in state court in the County of New York, New York, and each party hereto irrevocably submits to the exclusive jurisdiction and venue of any such court in any such suit, action or proceeding.
  14. Trademarks. ROCKROSE® is a registered trademark of Rockrose Development Corp. The trademarks, service marks and logos used on this Site are trademarks of Rockrose and others. No license or right to use any trademark contained on this Site is granted, whether by implication or otherwise, and any use of any trademark contained on this Site is expressly prohibited unless authorized in writing by the trademark holder. All rights not explicitly granted herein are reserved.
  15. Contact Information. Any questions regarding these Terms and Conditions should be directed to info@rockrose.com.
  16. Fair Housing. Rockrose fully supports the principles of the Fair Housing Act (Title VIII of the Civil Rights Act of 1968), which generally prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, religion, color, national origin, sex, familial status, and disability.
  17. CAN-SPAM of 2003. Rockrose complies with and requires that any brokers or commercial users of the Site, Services, Content or Properties comply with CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) which establishes requirements for those who send commercial email.
  18. General Information. These Terms and Conditions constitute the entire agreement between You and Rockrose and govern Your use of the Site and the Services. The failure of Rockrose to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.

Privacy Policy

Your use of the Rockrose website ("Site") is governed by this Privacy Policy and the Term and Conditions [link]. By accessing or using the Site, You agree to be bound by this Privacy Policy and the Terms and Conditions. Your use signifies acceptance of this Privacy Policy and the Terms and Conditions. If You do not accept and agree to all of this Privacy Policy or the Terms and Conditions (incorporated herein by reference), do not provide Rockrose with any information and do not use the Site or the Services provided herein. Rockrose reserves the right to modify this Privacy Policy by posting a new privacy policy. Rockrose may also provide additional notice of significant changes. Your use of the Site after the date of the last modification listed at the end of this Privacy Policy indicates You agree to the changes.

Disclosure of Personal Information
Rockrose does not sell or rent Your personal information to non-affiliated third parties. Although Rockrose may disclose aggregated information about the use of the Site, that information does not contain personal information. However, Rockrose may share personal information with its affiliates, subsidiaries, contractors and service providers in order to maintain, enhance, or add to the functionality of the Sites or provide the Services. In the case of criminal investigations, including but not limited to fraud or alleged illegal activity, Rockrose may also be obligated to share Your personal information with law enforcement, government, and/or pursuant to court order.

If Rockrose becomes part of another organization, that organization will possess the personal Information collected by Rockrose and it will assume the rights and obligations regarding Your personal Information as described herein.

Our registration form will require You to provide certain contact information, including name, email address, zip code, and other information. Rockrose will use this information to contact You about the Services on our Site in which You have expressed interest. In the event that You choose to use our online payment process, Your credit card information or bank account information, as applicable, will be stored. Rockrose will use this information for billing purposes only and to contact You in the event Rockrose have trouble processing Your transaction.

In the event that You provide Rockrose with Your resume, the amount of information You choose to disclose or keep confidential is entirely up to Your discretion. You may enter as much or as little information as You choose.

Financial Transactions.
Rockrose uses third parties to provide credit card and echeck processing services on the Site. If You sign up for online payment, Rockrose will only process Your full payment information including credit cards and echecks through a third party payment processor that is PCI DDS compliant (Payment Card Industry Data Security Standard).

Correcting Information
You may update or correct Your personally identifiable information by making a change on Your profile page or by emailing our Customer Support at info@rockrose.com. You may mail corrections to: Rockrose Development Corp., 666 Fifth Avenue 5th Floor, New York, NY 10103.

Newsletters
If You wish to subscribe to Rockrose email communications, Rockrose will use Your name and email address to send the newsletter to You.

Choice/Opt-out
Rockrose may uses Your email address to send You communications from Rockrose. If You've registered to receive email communications from Rockrose and later change Your mind, You may contact us to have Your name removed from our distribution lists.

Internet Protocol Address
Rockrose may collect Internet Protocol ("IP") address from visitors to the Site. An IP address is a number that is automatically assigned to a computer using the Internet. Rockrose uses IP addresses to help diagnose problems with our Site, server, to administer and analyze Site trends, track users' movement, and gather information.

Use of "Cookies"
Rockrose may use cookies to enhance Your experience on the Site. Cookies are pieces of information that some stored on computer browsing such website and are used for record-keeping purposes and usage tracking purposes. Rockrose may link the information stored in cookies to any personally identifiable information You enter into Your account settings on the Site. This link may be used internally for Site usage tracking and to customize Your experience.

As the use of cookies is considered industry standard, Your browser is probably set to accept cookies. However, if You would prefer not to receive cookies, You can alter the configuration of Your web browser to refuse cookies. If You choose to have Your browser refuse cookies, our Site may not function properly.

Advertising Networks
Rockrose may send to Your web browser some of the advertisements You see when You use our Site. However, Rockrose may also allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Site. These companies can send their own cookies to Your cookie file, just as if You had requested a web page from the Site. Rockrose authorizes our third-party ad servers to employ anonymous cookies only for ad delivery and anonymous targeting. Our third-party ad servers do not collect, nor do Rockrose give them access, to any personal information about You. If You click a link to any third party website, Your use of such website and any information that You submit will be subject to such third party website's terms of use and privacy policy.

Children. This Site is not directed to children under the age of 13 ("Children"), and we do not knowingly collect any information, including personal information, from Children.

Contact Information. Any questions regarding this Privacy Policy should be directed to info@rockrose.com.

General Information. Together with the Terms and Conditions, this Privacy Policy constitutes the entire agreement between You and Rockrose with respect to Your information. If any provision of this Privacy Policy is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the applicable provision, and the other provisions of the Privacy Policy and Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.

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OUR OFFICE

15 East 26th Street, 7th Floor
New York, New York 10010
Phone: 212.847.3700
Fax: 212.757.1875