TERMS OF USE
Effective Date: January 14, 2022
This Terms of Use Agreement (the “Agreement”) is a legal agreement between you and the Shorenstein Realty Services L.P. (“Shorenstein,” “we,” or “us”) governing your use of Shorenstein’s websites: https://shorenstein.com/ and https://shorensteinrealty.hua.hrsmart.com/ (the “Websites”). By using or accessing the Websites or downloading materials from the Websites, you agree to be legally bound by this Agreement.
Updates to this Agreement
We may revise or otherwise change or update this Agreement. Please check the “Effective Date” or “Last Updated” legend at the top of this page to see when this Agreement was last revised. Changes will become effective immediately after they are posted. A current version of this Agreement showing the effective date is always available at this location. We encourage you to periodically review this Agreement to see if there have been any changes that may affect you. If you do not agree to this Agreement as modified, then you must discontinue your use of the Websites. Your continued use of the Websites will signify your continued agreement to this Agreement as it may be revised from time to time.
Authorized Use
While using the Websites, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Websites for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Websites or any other user’s use of the Websites. In addition, we expect users of the Websites to respect the rights and dignity of others. By way of example and not of limitation, you may not (and you expressly agree that you will not) do any of the following, which violate this Agreement:
Post, upload, share, transmit, distribute, facilitate distribution of or otherwise make available to or through the Websites any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized or unsolicited advertising;
Reproduce, duplicate, or copy any portion of the Websites, except as authorized by this Agreement;
Sell, resell, or otherwise exploit for any commercial purposes any portion of, the use of or access to the Websites without the prior written consent of Shorenstein;
Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Websites, or express or imply that we endorse any statement you make;
Remove any copyright, trademark, or other proprietary rights notice from the Websites or materials originating from the Websites;
Violate or attempt to violate the security of the Websites;
Disseminate on the Websites any viruses, worms, spyware, adware, or other malicious computer code, file or program that is harmful, invasive or may or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software, or equipment;
Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Websites or to collect any information from the Websites or any other user of the Websites; or
Assist or permit any persons in violating this Agreement or applicable statutes, orders, regulations, rules, and other laws governing the use of the Websites.
Intellectual Property Rights
All content (“Content”) available through the Websites is protected by copyrights, trademarks, or other proprietary rights and laws. Except as set forth herein or otherwise agreed in writing by Shorenstein or other rights owner(s), the use of any Content available on the Websites is strictly prohibited.
You may use Content purposely made available by us for public use, provided that you (a) keep intact all copyright and other proprietary notices, (b) use such Content pursuant to any associated licenses, (c) do not copy or post such Content on any networked computer or broadcast it in any media, (d) make no modifications to the Content, and (e) do not make any additional representations or warranties relating to the Content on behalf of Shorenstein.
Any rights not expressly granted herein are reserved.
User-Submitted Information
You are responsible for any Content you transmit through our Websites. You agree, represent, and warrant that any Content you transmit through our Websites or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such Content. You shall not upload, post, or otherwise make available on or through the Websites any Content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
We do not want you to, and you should not, send any confidential or proprietary Content to us unless specifically requested by us. Please note that any unsolicited Content sent to Shorenstein will be deemed not to be confidential or proprietary.
You also agree that Shorenstein is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.
Secure User Accounts
Certain portions of our Websites are accessible only to users who have registered with the Websites and obtained login credentials (“Secure Users”). If you are a Secure User, you agree to accurately maintain and update any information about yourself and your account that you have provided to Shorenstein.
You further agree that you are responsible for all activities that occur under your Secure User account. You are responsible for maintaining the confidentiality of your login credentials and you agree not to share your login credentials with any unauthorized parties. You also agree to notify us promptly of any unauthorized use of your login credentials or any other breach of security that you become aware of involving or relating to the Websites.
Shorenstein reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Websites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Changes to the Websites
We may make improvements and/or changes to the Websites, add new features, or terminate the Websites at any time without notice. We also: (a) reserve the right (but have no obligation) to change the Content or other offerings on the Websites, at any time and from time to time without any notice or liability to you or any other person; and (b) do not warrant that information on the Websites is accurate, complete, reliable, current, or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Third-Party Content
Any information, statements, opinions, or other Content provided by third parties and made available on our Websites are those of the respective author(s) and not Shorenstein. We do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any information, statement, opinion, or other Content on our Websites other than from an authorized Shorenstein representative acting in his or her official capacity. Under no circumstance will Shorenstein be liable for any loss or damage caused, directly or indirectly, by your reliance on any such third-party Content.
Links to Third-Party Websites
Shorenstein may provide on the Websites links to websites operated by third parties. If you use these links, you will leave our Websites. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Shorenstein does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Shorenstein is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of Shorenstein.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
Social Media Pages
Shorenstein may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn, and Twitter (collectively, Social Media Pages), to provide a place for the public to learn more about Shorenstein and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of Shorenstein. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use. We review some but not all postings to our Social Media Pages, and may remove postings that we determine are inappropriate or offensive.
Notice of Copyright Infringement
If you believe that any Content on the Websites infringes upon any copyright which you own or control, please contact us via email at privacy@shorenstein.com.
Other Policies and Terms
This Agreement applies exclusively to your access to, and use of, the Websites and does not alter in any way the terms or conditions of any other agreement you may have with Shorenstein. Additional policies and terms may apply to use of all or portions of the Websites and are incorporated by reference into this Agreement. Please refer to and review all additional specific terms and conditions as applicable, including Shorenstein’s Privacy Policy.
Termination
The Websites and this Agreement are in effect until terminated by Shorenstein. In addition to any right or remedy that may be available to Shorenstein under applicable law, Shorenstein may suspend, limit, or terminate all or a portion of your access to the Websites or any of its features at any time with or without notice and with or without cause, including without limitation, if Shorenstein believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of the Websites is terminated pursuant to this Agreement, you will not attempt to use the Websites under any name, real or assumed. You further agree that if you violate this restriction after your use of the Websites is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
Children
If you are under the age of 18, please do not use or access the Websites. It is not our intention to collect or use personal information from anyone under 18 years of age, and we will not knowingly do so. If we are made aware that we have collected any personal information from children under the age of 18, and are asked to delete such information from our databases, we will promptly do so.
Disclaimer of Warranty
SHORENSTEIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THE WEBSITES OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE WEBSITES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE WEBSITES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SHORENSTEIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability
SHORENSTEIN AND EACH OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, THE RELEASEES) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF OR THE INABILITY TO USE THE WEBSITES, THE WEBSITES’ CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURES. THE RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
THE RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify, defend and hold harmless Shorenstein and its directors, officers, employees, agents, and contractors from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) your activities in connection with the Websites; or (c) unsolicited information you provide to Shorenstein through the Websites.
Consent to Communication
If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you.
When you use the Websites or send emails to Shorenstein, you are communicating with Shorenstein electronically. You consent to receive electronically any communications related to your use of the Websites. We may communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Shorenstein intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Websites.
Effect of Invalidity
In the event a court having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective and the remainder of the Agreement shall remain effective.
Waivers
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Jurisdictional Issues
The Websites are controlled, operated, and administered by Shorenstein (or its licensees) from its offices within the United States of America and are not intended to subject Shorenstein to the laws or jurisdiction of any country or territory other than that of the United States. SHORENSTEIN DOES NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY PART THEREOF ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Websites from outside the United States do so on their own initiative and at their own risk, and are responsible for complying with all statutes, orders, regulations, rules, and other laws of applicable jurisdictions.
You agree that any dispute in connection with the Websites, this Agreement, or the Privacy Policy will be governed by the laws of the State of California. You also consent to the adjudication of any disputes arising in connection with the Websites in courts located in the State of California.
Contact
If you have questions about this Agreement, or if you have technical questions about the operation of the Websites, please contact us via email at privacy@shorenstein.com or by phone at (415) 772-7000.