2. Limited License.
3. Proprietary Rights.
You acknowledge that we own, solely and exclusively, all rights, title and interest in and to the Sites and the material available through the Sites and the Services including, for the Listings, text, audio, photographs, illustrations, graphics, other visuals, video, software, code, data and materials thereon, the look and feel, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites and the Services (collectively, "Content"). Your use of the Sites does not grant to you ownership of any Content and you may not copy or use our Content, including without limitation any pictures, descriptions, or floorplans, for any other purpose.
4. Prohibited Use.
You may not distribute, publish or use the Sites, or any Content, except as provided in these Terms and Conditions. You may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any Content except as expressly permitted herein. If you make other use of the Sites or the Content, you may violate copyright and other laws of the United States and other countries as well as applicable state laws and may be subject to liability for such unauthorized use. We will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Sites or on any Content available through the Sites are registered and unregistered Trademarks of BHS and others and may not be used unless authorized by the trademark owner. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our written permission or that of the applicable rights holder.
6. User Information.
7. Right to Monitor and Editorial Control.
8. Linking to the Sites.
You agree that if you include a link from any other web site to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this web site. You are not permitted to link directly to any image hosted on the Sites or our Services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on the Sites on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to the Sites in any manner such that the Sites, or any page of the Sites, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other web site at any time upon written notice to you.
10. Third Party Linked Sites.
You may be able to access from the Sites third party web sites and third party web sites may link to the Sites ("Linked Sites") including for example, sites that allow you to make payments, submit transfer applications, or provide information to or about your building. You agree that we are not responsible for activities, services, information, or content on Linked Sites or for any theft or breach of data provided to or through Linked Sites. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such sites or the information, content, products, services, advertising, code or other materials presented thereon.
11. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Sites do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent is Matthew Leone, 770 Lexington Avenue, New York, NY 10065, 212 381 3338 firstname.lastname@example.org
12. Registration and Account Security.
You may be required to create a user account on our Sites. In that event, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites; (b) maintain password and identification confidentiality and security; (c) maintain and promptly update such data; and (d) accept all risks of unauthorized access to information you provide us. You may not use another person's account nor allow anyone to use your account. You are solely responsible for all activity conducted by or through your account and must notify us in the event of any security breach or unauthorized use of your account.
13. DISCLAIMER OF WARRANTIES.
THE SITES, SERVICES AND ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE", AND "BELIEVED ACCURATE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE DO NOT NECESSARILY ENDORSE, OR AGREE WITH ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT OR INFORMATION CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES.
14. LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL BHS, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE OR FOR MISUSE OF INFORMATION PROVIDED BY YOU TO LINKED SITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO BHS FOR YOUR USE OF THE SITES OR $100, WHICHEVER IS GREATER. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
15. Applicable Laws.
We control and operate the Sites from our offices in New York, New York, in the United States of America. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who choose to access the Sites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
16. Fair Housing Policy.
We are committed to equal opportunity and non-discrimination in all aspects of the housing related services we provide. We expressly prohibit any form of discrimination based on a person's actual or perceived gender (including gender identity), race, color, religion, national origin, age, disability, lawful occupation, presence of children, sexual orientation, marital status, partnership status, citizenship status, lawful source of income or any other factor illegal under federal, state or city law.
20. Class Action Waiver.
Last Updated: May 25, 2017
Brown Harris Stevens and its affiliated companies (referred to herein as "Brown Harris Stevens," "we" or "us" ) is committed to protecting the privacy of the users of its web site.
This statement discloses our privacy practices. The purpose of this statement is to inform you:
What kinds of information we collect from users of the Brown Harris Stevens web site at bhsusa.com (the "Web Site" ) and how such information is collected;
How the information is used by us;
Whether we disclose any user information to third parties;
How you can access, update or delete any information that we collect about you; and
The security procedures which we use to protect your personal information.
How We Collect Information
Generally, you can visit the Web Site without revealing any personal information. Like many websites, our web servers collect the Internet Protocol addresses, but not the e-mail addresses, of visitors. This information can measure the number of visits, average time spent on the site, pages viewed, and other such statistics.
In addition, in order for us to provide certain services to you, you may be asked for information that identifies you, including your name, e-mail address, mailing address, zip code, telephone number, fax (collectively, "Personal Information" ). You may also elect to provide such information to us by sending or responding to e-mails regarding certain listings or services offered on our Web Site. Additionally, you may ask us to store information concerning the type, price, location and features of properties that you are interested in.
How We Use and Disclose Your Information
We collect, generate, retain and use your Personal Information for our own internal purposes in connection with the facilitation, recording and processing of any requests, communications, or interactions you may have with our Web Site. We also automatically collect and store statistics and other information about you and your online activities on an aggregated, non-personally identifiable basis and in a manner that may allow us or our affiliated or related entities to improve our services to you.
In addition, your Personal Information may be also be used by us to provide you with information regarding our products and services. For example, we may use your e-mail address to send you special announcements and notifications of new real estate listings, services or promotions that may be of interest to you.
Cookies are small pieces of information that are stores by your browser on your computer's hard drive. Cookies allow web sites to recognize you when you return and can keep track of information specific to you.
Information Sharing and Disclosure
Information about our customers is important to our business, and we are not in the business of selling it to others. We share customer information only with our related or affiliated entities and or in the circumstances described below:
Agents - We may share your information with our experienced team of Brown Harris Stevens agents, who may use this information to contact you about our sales, leasing, financing and other services.
Business Transfers - Over time, it is possible that a portion or all of our business may be sold. Customer information is generally one of the transferred assets. In the unlikely event that substantially all of our asserts are acquired, your customer information may be transferred, subject to all applicable laws and governmental regulations regarding the transfer and sale of such personal data.
Affiliated Businesses - We work closely with our affiliated businesses, such as Vanderbilt Appraisal Company, a real estate appraisal company, Brown Harris Stevens Residential Management, a real estate management company. To the extent that you have provided information indicating that services of our affiliated businesses might be useful to you, we may share such information with such businesses.
Protection of Brown Harris Stevens and Others - We release personal information when we believe such release is necessary to comply with law; enforce our Terms and Conditions of Use; or protect the rights, property, or safety of Brown Harris Stevens, its and their officers, directors, employees, agents, and others.
With Your Consent - Other than as set out above, you will receive notice when your Personal Information may be shared with third parties, and you will have the opportunity to elect not to share such information.
Data security is critical to us and thus all Personal Information is held in a secured database. While it is impossible to guarantee the complete security of any computer system and the data contained therein, our vendors are required to maintain and implement robust security policies and procedures that combine with available technologies in accordance with prevailing industry standards, all of which are designed to protect the confidentiality, integrity, and availability of your Personal Information. To the extent we are provided with social security numbers or personal financial information, we comply with all applicable regulations regarding the confidentiality and safe disposal of such information.
ACCESSING, UPDATING OR DELETING INFORMATION COLLECTED ABOUT YOU BY BROWN HARRIS STEVENS
If you wish to access, update, or delete contact information or preferences, please send an e-mail to email@example.com. Please be aware , however, that we cannot always ensure that such corrections or deletions will immediately be made in our database.
The Terra Holdings group of affiliated companies, which includes the Brown Harris Stevens, Vanderbilt, Halstead, Heron and Feathered Nest companies (collectively, the "Company"), are dedicated real estate professionals and committed to equal opportunity and non-discrimination in all aspects of the housing related services they provide. The Company expressly prohibits any form of discrimination based on a person's actual or perceived gender (including gender identity), race, color, religion, national origin, age, disability, lawful occupation, presence of children, sexual orientation, marital status, partnership status, citizenship status, lawful source of income or any other factor illegal under federal, state or city law (any of which is an "Unlawful Category"). Any discrimination based on an Unlawful Category by agents or employees in the performance of their expected job duties will not be tolerated and will subject the agent or employee to appropriate disciplinary or other measures.
This policy covers all Company employees and agents without exception. The Company will not tolerate, condone or allow discrimination, whether engaged in by clients, employees, agents. independent contractors or other non-employees who conduct business with the Company. While the Company's ability to control clients and third parties is limited, this does not diminish the obligation of the Company's agents and employees to comply with the law and this Policy.
EDUCATION AND PROCEDURES
The Company engages in periodic training of employees and agents on the anti-discrimination laws and has had prepared the attached summary of the pertinent anti-discrimination laws covering the Company's activities as manager, sales, and leasing agent of housing. It requires all managers and sales and leasing agents to review the laws. Any questions or issues concerning discrimination should be addressed to the Company's in house counsel; reports and complaints will be kept confidential to the fullest extent possible without impairing the Company's obligations to comply with the law. Where necessary, the Company may employ an outside lawyer or consultant to investigate a question and provide guidance in handling the matter.
The Company will not in any way retaliate against an individual who makes a report of discrimination or provides information concerning such actions nor will it permit any employee or agent to do so. Retaliation is a serious violation of this policy and should be reported immediately. Any person found to have retaliated against another individual for reporting unlawful discrimination will be subject to the same disciplinary action provided for offenders.