Terms of Use

Welcome to the OMG website. Online Marketing Group, Inc. (“OMG“) 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 OMG’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 OMG’s Privacy Policy set forth below. OMG reserves the right to modify these Terms and Conditions and Privacy Policy by posting new versions. OMG 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 to 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 OMG may be governed by separate terms and conditions. 
  2. Description of Services. OMG provides users of the Site with access to information about OMG as further described below (“Service(s)”). This Service enables You learn more about OMG’s services and inquire for additional information. 
  3. Use of Site. OMG authorizes You to use the Site and Service for Your personal use only. All content on this Site, text, graphics, photographs, logos, images, audio clips, video clips, streaming content, downloads, and data (the “Content”) is the property of OMG 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 OMG and its agents concerning Properties and other OMG 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 OMG’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. In the event that OMG, in its sole discretion, determines that Your use of the Site, Properties or Content misrepresents the Site or Content, OMG reserves its right to seek any appropriate legal remedy. You may not use the Site, Service, or Content in violation 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 OMG 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 OMG is expressly prohibited. 
  5. OMG Privacy Policy. Any and all personal information posted to this Site is subject to our Privacy Policy, set forth below. 
  6. 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. 
  7. Modifications to Service. OMG reserves the right to modify, suspend or discontinue all or a portion of the Service with or without notice. You agree that OMG shall not be liable to You for any modification, suspension or discontinuance of the Service. 
  8. Termination of Services. OMG 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 OMG shall not be liable to You for such termination. 
  9. Disclaimer of Warranties.
    1. This Site and Service is provided on an “as is” “as available” basis. OMG 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 OMG 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. OMG makes no warranty that (i) the Site, Content, 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. No advice or information, whether oral or written, obtained by You from OMG, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.
  10. Limitation of Liability. OMG 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.
  11. You agree to indemnify, defend, and hold harmless OMG 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 (including the Privacy Policy) and Your use of the Site, Content, Property information.
  12. 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.
  13. Contact Information. Any questions regarding these Terms and Conditions should be directed to [email protected].
  14. General Information. These Terms and Conditions constitute the entire agreement between You and OMG and govern Your use of the Site and the Services. The failure of OMG 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 statute 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

Effective Date: 11/26/2019

This web site (the “Site”) is provided by Online Marketing Group, Inc. and its affiliates, subsidiaries and related entities (“OMG,” “we,” “our” or “us”). This Privacy Notice describes our privacy practices with regard to information about you that could reasonably be used to identify you personally or that is associated with information that identifies you (“Personal Information”). Unless specifically stated otherwise, this Privacy Notice applies only to Personal Information that we gather or collect via the Site and any other OMG web site or online service that posts a link to this Privacy Notice. It does not apply to any Personal Information collected offline. Please note that certain features or services discussed in this Privacy Notice may not be offered on the Site at any particular time.

PLEASE REVIEW THE TERMS OF THIS PRIVACY NOTICE CAREFULLY. IF YOU DO NOT CONSENT TO OUR PRACTICES AS STATED HEREIN, DO NOT CONTINUE USE OF OUR SITE. YOUR USE OF THE SITE REPRESENTS ACCEPTANCE OF OUR PRIVACY NOTICE AND AGREEMENT TO OUR TERMS AND CONDITIONS, WHICH GOVERN YOUR USE OF THE SITE.

You should read this entire Privacy Notice, but here is a partial list of some of the key topics. Any capitalized terms have the meanings given to them where defined in the Privacy Notice.

  1. Collection of Information About You
    1. Active Information Collection. We may collect Personal Information from you at various places and through various mechanisms on the Site. This may include, for example, when you fill out and submit forms, when you initiate payments to us through the Site, when you participate in promotions, contests, or sweepstakes on the Site, when you post to any interactive forum, bulletin board, chat room that we may make available on the Site, when you register for e-mail communications, and when you submit a survey response, question or request to the Site using a form or the e-mail address links on the Site.
    2. Passive Information Collection. When you visit the Site, we automatically collect certain information about your activities (“Site Usage Information”). Site Usage Information is information about your device, including browser and device identifiers such as IP address, and information about how our visitors use and navigate the Site. To collect this Site Usage Information, the Site and any e-mails sent to you by the Site (or otherwise by OMG) may utilize cookies, web beacons, embedded scripts or other tracking technologies (“Tracking Technologies”).
      1. Cookies. A cookie is a data file placed on a device when it is used to visit the Site. HTML5 cookies can be programmed through HTML5 local storage. To identify local shared objects on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
      2. Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs,” “Pixel Tags,” or “Web Bugs”) may be included in our Site’s pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
      3. Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.In addition, third parties may use Tracking Technologies in connection with the Site, such as a Facebook or Instagram widget, which may include the collection of information about your online activities over time and across third-party web sites or online services. We may not control those Tracking Technologies and we are not responsible for them. However, your consent to potentially encountering third party Tracking Technologies in connection with use of our Site and accept that our statements under this Privacy Notice regarding our practices do not apply to the Tracking Technologies or practices of such third parties.Our Site does not monitor or take any action with respect to Do Not Track signals or other mechanisms, though we may consider doing so if an understandable and practical standard is developed and widely adopted.
    3. Offline Collection from You. OMG may also collect Personal Information from you through means other than the Site. This may include offline collection, such as when you submit a paper application to rent an apartment, make a rent payment by check, or call or visit the management office at a OMG property. It may also include e-mails that you send to us separate from the Site. This Privacy Notice does not apply to Personal Information that you provide to us through means other than the Site. However, to the extent we combine the Personal Information we collect from you outside of the Site with Personal Information that we collect through the Site, we will apply this Privacy Notice to the combined information, unless specifically disclosed otherwise.
    4. Information Collected from Other Sources. We may receive Personal Information about you from other sources. This Privacy Notice does not apply to Personal Information about you that we receive from other sources. However, we may combine the information we receive from these other sources with Personal Information we collect through the Site. In those cases, we will apply this Privacy Notice to the combined information, unless specifically disclosed otherwise.
    5. Children. We are a general audience service and do not use the Site to knowingly collect personal information from children under the age of thirteen (13). In the event that we become aware that we have collected personal information from any child, we will dispose of that information. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information, please contact us at [email protected].
  2. Use of Personal Information. We retain and use Personal Information to: (1) provide you with services or process transactions that you have requested; (2) communicate with you regarding information, features or offers that we believe will be of interest to you; (3) respond to your questions or other requests; (4) contact you with regard to the Site; (5) process or communicate with you about applications, payments or changes to your account information; (6) process other information or Personal Information that you submit through the Site; (7) conduct user surveys; (8) contact you regarding a sweepstakes, contest or promotion in which you have participated, and (9) fulfill other purposes disclosed at the time you provide your Personal Information. We may also use the information you provide to improve the Site or OMG’s services, to customize your experience on the Site, to serve you specific content, or for any other purposes not inconsistent with this Privacy Notice or prohibited by applicable law.
  3. Sharing of Personal Information with Third Parties. We do not share your Personal Information with third parties for those third parties’ (other than our affiliates) own direct marketing purposes without your consent. We may share non-personally identifiable information, such as Site Usage Information or other aggregated user statistics, with third parties without restriction. In addition, we may share your Personal Information as set forth in this Privacy Notice, in any manner in which you expressly consent via the Site, or in the following circumstances:
    1. Affiliated or Subsidiary Companies. We may share Personal Information with our affiliated or subsidiary companies who require access to Personal Information for business purposes related to your tenancy or to process any application, request, inquiry, or other information or Personal Information you submit via the Site, and for our affiliates’ own marketing purposes. This includes the owner of any community where you make application or where you lease, as well as the management company for such community.
    2. Third parties providing services on our behalf. We may share your Personal Information with third parties who perform services on our behalf or on behalf of the owner of one of our properties, or give them access to collect it. This includes, without limitation, third parties that send communications, process payments, analyze data, assist with utility billing or renters’ insurance, provide credit checks, resident screening, or collection services, provide marketing assistance, or create, host and/or provide customer service on our behalf. These third parties may have access to Personal information in order to provide these services to us or on our behalf. These third parties may also receive, or be given access to collect, Site Usage Information and other non-Personal Information for their own use.
    3. Legal Requirements and Law Enforcement. We may disclose Personal Information when we believe in good faith that the law requires it; at the request of governmental authorities conducting an audit or investigation (except as prohibited by applicable law); pursuant to a court order, subpoena, or discovery request in litigation; to verify or enforce compliance with our Site’s Terms and Conditions or other agreements or policies governing the Site and applicable laws, rules, and regulations; or whenever we believe disclosure is necessary to limit our legal liability or to protect or enforce the rights, interests, or safety of the Site, its users or other third parties. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
    4. Sweepstakes and Promotions. If you choose to enter a sweepstakes, contest or other promotion, your Personal Information may be disclosed to third parties in connection with the administration of such promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the promotion to use your name, voice and/or likeness in advertising or marketing associated with the promotion.
    5. Corporate Change. We reserve the right to disclose and transfer your Personal Information in connection with a corporate merger, consolidation, restructuring, financing, sale of substantially all assets, or other corporate change, including for transaction due diligence. For instance, when a potential buyer is interested in purchasing one of our properties, we may provide the potential buyer with information about the property and the tenants who live there, which may include your Personal Information. Upon the sale of the property in which you live, all of your Personal Information may be transferred to the purchaser.
  4. Notice to Residents of Certain States. Some state laws permit residents who provide us with personal information to request certain information regarding our disclosure of such information to third parties for their direct marketing purposes. We do not, currently, disclose such information to third parties for their direct marketing purposes. If we change this policy, we will update this provision and provide instructions on how you may make a request for details.
  5. Exercising Choices Regarding Analytics and Advertising. OMG uses technologies and tools, such as cookies and other Tracking Technologies, to customize content and advertising, to provide social media features and to analyze traffic to the site. These tools include but are not limited to Google Analytics, Google Analytics Advertising Features, Facebook Analytics, Bing Ads, Google Ads, and/or Facebook/Instagram Ads. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these tools and other web site or advertising providers on servers in the U.S. (or elsewhere) and these web site providers may use this information for purposes such as evaluating your use of the Site, compiling statistical reports on the Site’s activity, and providing other services relating to Site activity and other Internet usage. OMG retains aggregated data pertaining to the above and also shares this information with our trusted social media, advertising and analytics partners. You may exercise your choice regarding the use of cookies and other tracking technologies by visiting the links below and/or modifying the settings of your web browsers across the devices you use.

    Major Web Browsers:

     

     

  6. Updating Your Information. Depending on the functionality associated with the Site feature you are using, you may be able to update certain of your Personal Information on the Site. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Please note that in accordance with our routine corporate recordkeeping practices, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.
  7. Data Security. While we take reasonable steps to secure your Personal Information, no data transmission over the Internet can be guaranteed to be completely secure. Likewise, no storage or processing of your Personal Information or other information on the Site, or on other servers or databases to which the information may be transferred, can be guaranteed to be completely secure.
  8. Links to Other Sites. The Site may contain links to other web sites whose information practices may be different from ours. You should consult the specific privacy policies posted on these sites when linking to them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.
  9. Privacy Notice Changes. We reserve the right to prospectively alter, modify, update, add to, subtract from or otherwise change this Privacy Notice at any time, which will become effective as of posting on the Site, so review the Privacy Notice each time you visit and discontinue use of the Site if you do not consent. However, we will continue to use your Personal Information in a manner consistent with the Privacy Notice in effect at the time you submitted the information, unless we receive your consent to the new or revised policy.
  10. Consent to Transfer. The Site is operated in the United States. Your Personal Information will be processed and shared in the United States, where data protection and privacy regulations may provide different levels of protection compared with non-United States jurisdictions. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site or providing us with your information, you consent to this transfer.
  11. Questions. If you have any questions about this Privacy Notice, you may contact us via email at [email protected].