Terms and Conditions

This Terms of Use was last updated: November 19, 2018 and applies to products and services provided by BPP MFNY Employer LLC d/b/a Beam Living® ("Beam Living", "we", "us", or "our") in the U.S., including the following websites (the “Sites”):

This Site is comprised of various Web pages operated by Beam Living. The Beam Living Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Beam Living reserves the right to change the terms, conditions, and notices under which the Beam Living Web Site is offered, including but not limited to the charges associated with the use of the Beam Living Web Site.

RENT DISCLAIMER

Pricing valid for new residents only. Square footages displayed are approximate and may vary slightly. Rental rates, availability, lease terms, deposits, apartment features and specials are subject to change without notice. Discounts and other credits not already included in the price displayed will be calculated upon lease execution. Minimum lease terms and occupancy guidelines may apply. Deposits may fluctuate based on credit, rental history, income, and/or other qualifying standards. Additional taxes and fees may apply and will be disclosed per governing laws and company policies. Rent based on 12 month term unless otherwise indicated.

ONLINE APPLICATIONS, CONSENTS, LEASES, PAYMENTS AND OTHER TRANSACTIONS

The Beam Living Web Sites may provide you with the option to electronically enter into agreements with us, such as certain transactions related to your proposed or actual rental of an apartment, including but not limited to an application to lease an apartment, certain consents related thereto, a lease agreement for an apartment, a renewal of a lease agreement, and/or payments related to your application for or lease of an apartment. The Beam Living Web Sites may also allow you to apply for employment with us. Your use of the Beam Living Web Sites to make applications and enter into such transactions with us is completely voluntary. However, if you make an application, or enter into any such transaction via the Beam Living Web Sites or through any link on the Beam Living Web Sites, you consent to doing so by electronic form, and to providing an electronic signature (which is any electronic action acknowledging agreement) in the form specified on the Beam Living Web Sites, rather than a handwritten signature. In addition you understand and acknowledge that all consents, applications and transactions that you enter into via the Beam Living Web Sites will be legally binding on you, just as if they were done on paper, and that your electronic acceptance in the form specified on the Beam Living Web Sites will be binding as though you had physically signed a paper document by hand.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Beam Living Web Site, you warrant to Beam Living that you will not use the Beam Living Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Beam Living Web Site in any manner which could damage, disable, overburden, or impair the Beam Living Web Site or interfere with any other party's use and enjoyment of the Beam Living Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Beam Living Web Sites.

USE OF COMMUNICATION SERVICES

The Beam Living Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

Beam Living has no obligation to monitor the Communication Services. However, Beam Living reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Beam Living reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Beam Living reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Beam Living's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Beam Living does not control or endorse the content, messages or information found in any Communication Service and, therefore, Beam Living specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Beam Living spokespersons, and their views do not necessarily reflect those of Beam Living.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.

You are responsible for adhering to such limitations if you download the materials.

If you use one or more of the Communication Services to communicate with a third-party about sharing an apartment (i.e., roommates), understand that you are communicating with a person unaffiliated with Beam Living. As such, please read the following disclaimer carefully before you begin using such Communication Services for this purpose.

BEAM HAS NO CONTROL OVER AND DOES NOT GUARANTEE (A) THE EXISTENCE, QUALITY, SAFETY, SUITABILITY, OR LEGALITY OF ANY LISTINGS, ACCOMMODATIONS, PROVIDER SERVICES, MOVER SERVICES OR THIRD PARTY SERVICES, (B) THE TRUTH OR ACCURACY OF ANY ACCOMMODATION DESCRIPTIONS, RATINGS, REVIEWS, OR OTHER LISTINGS OR USER POSTINGS, OR (C) THE PERFORMANCE OR CONDUCT OF ANY PROVIDER OR THIRD PARTY. BEAM DOES NOT ENDORSE ANY PROVIDER, ACCOMMODATION OR PROVIDER SERVICES OR MOVER SERVICES. ANY REFERENCES TO A PROVIDER OR MOVER BEING "VERIFIED" (OR SIMILAR LANGUAGE) ONLY INDICATE THAT THE PERSONS HAS COMPLETED A RELEVANT VERIFICATION OR IDENTIFICATION PROCESS AND NOTHING ELSE. ANY SUCH DESCRIPTION IS NOT AN ENDORSEMENT, CERTIFICATION OR GUARANTEE BY BEAM ABOUT ANY SUCH PERSON, INCLUDING OF THE PERSON’S IDENTITY OR BACKGROUND OR WHETHER THE PERSON IS TRUSTWORTHY, SAFE OR SUITABLE. YOU SHOULD ALWAYS EXERCISE DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO STAY IN AN ACCOMMODATION OR USE OTHER PROVIDER SERVICES OR COMMUNICATE AND INTERACT WITH OTHER USERS, WHETHER ONLINE OR IN PERSON. VERIFIED IMAGES OF ACCOMMODATIONS ARE INTENDED ONLY TO INDICATE A PHOTOGRAPHIC REPRESENTATION OF A LISTING AT THE TIME THE PHOTOGRAPH WAS TAKEN AND ARE THEREFORE NOT AN ENDORSEMENT BY BEAM OF ANY PROVIDER OR ACCOMMODATION.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BEAM, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, PRESENT AND FORMER OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, PUBLISHERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THESE TERMS, INCLUDING, WITHOUT LIMITATION, BODILY INJURY INCLUDING DEATH, HARRASSMENT, THEFT OF PROPERTY, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT OUR LIABILITIES, THE EXTENT OF OUR LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

MATERIALS PROVIDED TO BEAM LIVING OR POSTED AT ANY BEAM LIVING WEB SITE

Beam Living does not claim ownership of the materials you provide to Beam Living (including feedback and suggestions) or post, upload, input or submit to any Beam Living Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Beam Living, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Beam Living is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Beam Living's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BEAM LIVING WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEAM LIVING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BEAM LIVING WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BEAM LIVING WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BEAM LIVING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BEAM LIVING WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BEAM LIVING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEAM LIVING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BEAM LIVING WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BEAM LIVING WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BEAM LIVING WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BEAM LIVING WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BEAM LIVING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BEAM LIVING WEB SITE, OR WITH ANY OF THESE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BEAM LIVING WEB SITE.

TERMINATION/ACCESS RESTRICTION

Beam Living reserves the right, in its sole discretion, to terminate your access to the Beam Living Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the Beam Living Web Site. Use of the Beam Living Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Beam Living as a result of this agreement or use of the Beam Living Web Site. Beam Living's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Beam Living's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Beam Living Web Site or information provided to or gathered by Beam Living with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Beam Living with respect to the Beam Living Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Beam Living with respect to the Beam Living Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.