WEBSITE USER AGREEMENT
Effective Date: October 6, 2026
Last Updated: October 6, 2026
Welcome to The Forty Company.
This Website User Agreement (“Agreement”) governs your access to and use of fortycompany.com, together with any related webpages, digital properties, content, features, services, and functionality made available through the website (collectively, the “Website”).
The Website is operated by The Forty Company (“The Forty Company,” “Forty,” “we,” “us,” or “our”).
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you should not access or use the Website.
1. PURPOSE OF THE WEBSITE
The Forty Company is a real estate marketing, media, creative, and communications company. The Website may contain information concerning real estate properties, developers, builders, architects, designers, businesses, projects, market activity, editorial content, photography, videography, marketing services, and other related subjects.
The information presented on the Website is provided for general informational, editorial, promotional, and marketing purposes.
The Website does not constitute an offer to sell, lease, purchase, or otherwise transact in real estate unless expressly stated otherwise.
2. ELIGIBILITY
You may use the Website only if you are legally capable of entering into a binding agreement under applicable law.
By using the Website, you represent that the information you provide to The Forty Company, if any, is accurate and that your use of the Website complies with all applicable laws and regulations.
3. ACCEPTANCE OF THIS AGREEMENT
Your access to or use of any portion of the Website constitutes your acceptance of this Agreement.
If you are using the Website on behalf of a company, organization, developer, brokerage, or other entity, you represent that you have authority to bind that entity to this Agreement.
4. INTELLECTUAL PROPERTY
Unless otherwise expressly indicated, the Website and all materials appearing on or through the Website are owned by, controlled by, licensed to, or otherwise used by The Forty Company.
This includes, without limitation:
The Forty Company name and branding;
Logos, trademarks, service marks, and trade names;
Website design and layout;
Photographs and photography;
Video and cinematography;
Drone imagery and aerial photography;
Editorial articles and written content;
Property descriptions and marketing copy;
Graphics, illustrations, and visual assets;
Digital publications and magazines;
Newsletters;
Databases and compilations;
Website code and functionality;
Page designs and interfaces;
Marketing concepts and creative materials; and
The selection, arrangement, and compilation of Website content.
All such materials may be protected by copyright, trademark, trade dress, unfair competition, and other applicable intellectual-property laws.
No ownership rights are transferred to you by your use of the Website.
5. LIMITED LICENSE TO USE THE WEBSITE
Subject to your compliance with this Agreement, The Forty Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal or legitimate business purposes.
This license does not permit you to:
Reproduce Website content without permission;
Republish Website content;
Sell or commercially exploit Website content;
Create derivative works from Website content;
Copy or reproduce photographs, videos, articles, graphics, or other creative materials;
Download or archive substantial portions of the Website;
Remove copyright, trademark, or other proprietary notices;
Frame or mirror the Website;
Redistribute Website materials through another website or platform; or
Use Website materials to create or promote a competing service.
Any rights not expressly granted under this Agreement are reserved by The Forty Company and its licensors.
6. PHOTOGRAPHY, VIDEO, AND PROPERTY CONTENT
The Website may display photographs, videos, renderings, floor plans, architectural materials, property information, and other visual or creative content relating to real estate projects.
Unless otherwise stated, such content may be owned by The Forty Company, its clients, photographers, videographers, developers, architects, designers, brokers, or other rights holders.
The appearance of a property, company, individual, brand, development, or project on the Website does not necessarily indicate that The Forty Company owns the underlying property or intellectual property associated with it.
You may not reproduce, alter, distribute, license, sell, publish, or commercially exploit such content without obtaining appropriate authorization from the applicable rights holder.
7. EDITORIAL AND REAL ESTATE INFORMATION
The Forty Company strives to present accurate and current information. However, real estate information can change rapidly.
Property availability, pricing, square footage, features, descriptions, development status, ownership information, sales information, and other details may change without notice.
The Forty Company does not guarantee that information appearing on the Website is complete, current, accurate, or error-free.
Nothing on the Website should be relied upon as a substitute for independent verification or professional advice.
Users should independently verify material facts with the applicable property owner, developer, broker, listing agent, architect, or other appropriate professional.
8. NO REAL ESTATE OR PROFESSIONAL ADVICE
Unless expressly stated otherwise, content on the Website does not constitute:
Legal advice;
Financial advice;
Investment advice;
Tax advice;
Architectural advice;
Construction advice;
Brokerage advice; or
Any other professional advice.
The Forty Company is not responsible for decisions made solely on the basis of information appearing on the Website.
9. THIRD-PARTY CONTENT
The Website may contain information, links, photographs, trademarks, advertisements, listings, or other materials supplied by third parties.
Third-party materials remain the responsibility of their respective owners or providers.
The Forty Company does not necessarily endorse, guarantee, or assume responsibility for third-party content, products, services, websites, businesses, properties, or representations.
10. THIRD-PARTY LINKS
The Website may contain links to websites operated by third parties.
These links are provided for convenience and informational purposes.
The Forty Company does not control third-party websites and is not responsible for their content, availability, security, privacy practices, terms, or policies.
Your use of third-party websites is subject to the applicable third party's terms and policies.
11. PROHIBITED USE
You agree not to use the Website:
For any unlawful purpose;
To violate applicable laws or regulations;
To impersonate another person or entity;
To interfere with the Website or its operation;
To attempt unauthorized access to Website systems;
To introduce viruses, malware, or other harmful code;
To scrape, crawl, harvest, copy, or systematically extract Website content or data;
To use bots or automated systems to collect information from the Website without written permission;
To reproduce or distribute copyrighted materials without authorization;
To infringe the rights of The Forty Company or any third party;
To create a competing database or service using Website information;
To misrepresent an affiliation with The Forty Company;
To use Website content for fraudulent or deceptive purposes; or
To interfere with another user's ability to access or use the Website.
The Forty Company reserves the right to restrict or terminate access to the Website for conduct that violates this Agreement or applicable law.
12. SCRAPING AND AUTOMATED DATA COLLECTION
Without The Forty Company's prior written authorization, you may not use any robot, spider, crawler, scraper, automated browser, artificial intelligence system, data-mining tool, extraction software, or similar technology to access, monitor, reproduce, collect, index, copy, or systematically extract Website content or data.
This prohibition includes the systematic collection of:
Property information;
Photography;
Video;
Articles;
Contact information;
Listings;
Developer information;
Project information;
Pricing information;
Website structure or metadata; and
Other proprietary Website information.
Search engines may access publicly available Website content for legitimate indexing purposes, subject to applicable technical standards and laws.
13. USER SUBMISSIONS
If the Website permits you to submit information, inquiries, comments, photographs, documents, or other materials (“User Submissions”), you are responsible for ensuring that you have the legal right to provide such materials.
You represent and warrant that your User Submissions:
Are accurate to the best of your knowledge;
Do not violate applicable law;
Do not infringe another person's intellectual-property rights;
Do not violate privacy or publicity rights;
Do not contain malicious software; and
Do not contain unlawful, defamatory, threatening, or fraudulent material.
Unless separately agreed in writing, submitting information to The Forty Company does not transfer ownership of your intellectual property to The Forty Company.
14. CONFIDENTIAL INFORMATION
You should not submit confidential or proprietary information through a general Website form unless The Forty Company specifically requests such information.
Information submitted through the Website may not be treated as confidential unless the parties have separately agreed in writing to confidentiality obligations.
If you require confidential treatment of information, please contact The Forty Company before submitting it.
15. WEBSITE AVAILABILITY
The Forty Company does not guarantee that the Website will:
Always be available;
Operate without interruption;
Be free from errors;
Be free from viruses or other harmful components; or
Remain unchanged.
We may modify, suspend, discontinue, or restrict any portion of the Website at any time, with or without notice.
16. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE FORTY COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RELIABILITY.
THE FORTY COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FORTY COMPANY AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO:
YOUR USE OF OR INABILITY TO USE THE WEBSITE;
YOUR RELIANCE ON WEBSITE CONTENT;
ERRORS OR OMISSIONS IN WEBSITE CONTENT;
THIRD-PARTY CONTENT OR WEBSITES;
LOSS OF DATA;
LOSS OF PROFITS;
LOSS OF BUSINESS OPPORTUNITIES; OR
ANY OTHER MATTER RELATING TO THE WEBSITE.
This limitation applies regardless of the legal theory under which liability is asserted, including contract, tort, negligence, or otherwise.
Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited under applicable law.
18. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless The Forty Company and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against claims, liabilities, damages, losses, costs, and reasonable attorneys' fees arising from or relating to:
Your violation of this Agreement;
Your unlawful use of the Website;
Your violation of another person's rights;
Your User Submissions;
Your infringement of intellectual-property rights; or
Your misuse of Website content.
19. PRIVACY
Your use of the Website may involve the collection or processing of personal information.
The Forty Company's handling of personal information is governed by its applicable Privacy Policy, which should be reviewed separately.
To the extent permitted by law, the Privacy Policy is incorporated into this Agreement by reference.
20. MARKETING AND COMMUNICATIONS
If you voluntarily submit your contact information through the Website, The Forty Company may use that information to respond to your inquiry, provide requested information, communicate regarding services, or otherwise manage your request, subject to applicable law and our Privacy Policy.
Where legally required, marketing communications will provide appropriate mechanisms for opting out.
21. SERVICES AND SEPARATE CLIENT AGREEMENTS
The Website may describe marketing, media, photography, videography, creative, consulting, advertising, editorial, or other services offered by The Forty Company.
Descriptions appearing on the Website do not constitute a binding service agreement.
If you engage The Forty Company for services, the applicable proposal, statement of work, service agreement, order form, or other written agreement between the parties will govern that engagement.
In the event of a conflict between this Agreement and a separately executed written client agreement, the applicable client agreement will control with respect to that engagement.
22. COPYRIGHT COMPLAINTS
The Forty Company respects intellectual-property rights.
If you believe that material appearing on the Website infringes your copyright or other intellectual-property rights, you may contact The Forty Company with information sufficient to identify:
The copyrighted work or protected material;
The allegedly infringing material;
Where the material appears on the Website;
Your contact information;
A statement explaining your good-faith belief that the use is unauthorized; and
Any other information reasonably necessary to evaluate the complaint.
The Forty Company reserves the right to remove or restrict access to allegedly infringing material where appropriate.
23. CHANGES TO THIS AGREEMENT
The Forty Company may revise this Agreement from time to time.
When changes are made, the updated version will be posted on the Website with a revised “Last Updated” date.
Your continued use of the Website following the posting of revised terms constitutes your acceptance of the updated Agreement, to the extent permitted by law.
24. SEVERABILITY
If any provision of this Agreement is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
25. NO WAIVER
The failure of The Forty Company to enforce any provision of this Agreement does not constitute a waiver of its right to enforce that provision in the future.
26. ENTIRE AGREEMENT
This Agreement, together with the applicable Privacy Policy and any other policies expressly incorporated into this Agreement, constitutes the entire agreement between you and The Forty Company concerning your use of the Website.
This Agreement supersedes prior or contemporaneous understandings concerning use of the Website, except where a separate written agreement expressly applies.
27. GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to conflict-of-law principles.
To the extent permitted by applicable law, any dispute arising from or relating to this Agreement or your use of the Website shall be brought in the applicable state or federal courts located in New York, New York, and you consent to the jurisdiction and venue of those courts.
28. ELECTRONIC AGREEMENT
You acknowledge that your electronic acceptance of this Agreement, including by accessing or using the Website after being presented with these terms, may constitute acceptance of this Agreement to the extent permitted by applicable law.
29. CONTACT
Questions regarding this Agreement may be directed to:
The Forty Company
Website: fortycompany.com
Email: [INSERT OFFICIAL COMPANY EMAIL]
30. ACKNOWLEDGMENT
BY ACCESSING OR USING FORTYCOMPANY.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS WEBSITE USER AGREEMENT.
Last Updated: October 6, 2026