TERMS AND CONDITIONS
Vanderbilt - Web Site Terms of Use
The following terms of use and our Privacy Policy, http://www.____.com/terms-of-use#privacy (the “Terms of Use”) govern your access to and use of our website located at bhsusa.com and any other web and mobile sites (the “Sites”) as well as any features, content applications and other services (together with the Sites, the “Services”) made available by the Vanderbilt insurance and appraisal companies and their affiliates, (“Vanderbilt” “we” or “us”). We may change these Terms of Use from time to time, by posting such changes on the Sites.
1. Acceptance.
BY USING OR REGISTERING TO USE A SITE OR ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL OTHER CONDITIONS, RULES, POLICIES AND PROCEDURES THAT WE MAY PUBLISH IN CONNECTION WITH THE SITES AND SERVICES, WHICH ARE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. If you do not agree to these Terms of Use, you should not visit or use the Sites or the Services.
You affirm that you are at least eighteen (18) years of age and fully able and capable to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. If you are accepting these terms on behalf of a company or other entity, you represent and warrant that you have the authority to bind that company or entity.
These Terms of Use apply to all users of the Sites and Services. Unless we have signed a state-mandated written agreement with you that states otherwise, we have no fiduciary duty to you or special relationship with you.
2. Limited License. Users are granted a limited license to access the Sites and Content (defined below). Users may access and view the Sites and the Content for their own personal and non-commercial use. All access the Sites and the Content must be in compliance with the applicable federal, state, local law and regulations, and the rules of any multiple listing system to which we belong. Any use of the Site or the Services not expressly permitted by these Terms of Use is prohibited and constitutes a breach of these Terms of Use.
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.
5. Trademarks. 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 Vanderbilt 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. In the course of your use of the Sites and Services, you may provide certain personalized information to us. Our information collection and use policies with respect to the privacy of such information are set forth in our Privacy Policy http://www.____.com/terms-of-use#privacy , which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of your user information.
7. Right to Monitor and Editorial Control. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites or through the Sites’ services or features by users (including by individuals and entities), and we are not responsible for any such materials. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use, our policies or applicable law.
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.
9. Indemnification. To the maximum extent permitted by law, You agree to defend, indemnify and hold us, our affiliates, and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising from (i) your access to or use of the Sites or the Services, (ii) your submission of any message, information, software or other materials on, to or through the Sites or the Services, or (iii) your breach or violation of the law or of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with any such defense.
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:
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Your address, telephone number, and email address;
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A description of the copyrighted work that you claim has been infringed;
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A description of where the alleged infringing material is located;
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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;
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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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
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 VANDERBILT, 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.
17. Termination. We have the right to terminate, change, suspend, impose limits on or discontinue any aspect of the Sites or the Services, or your access to or use thereof, at any time, if we believe you are in breach of these Terms of Use, our policies or applicable law, or for any other reason without notice or liability. We may end the privileges of users who are repeat infringers of intellectual property rights.
18. Changes to Terms of Use. We reserve the right, at its sole discretion, to change, modify, add or remove any portion of this Terms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Sites and/or the Services after any changes to this Terms of Use are posted will be considered acceptance of those changes.
19. Arbitration. To the extent permitted by law, you and we expressly agree to forego the right to trial by jury. You agree that all disputes between us shall be resolved exclusively by binding, confidential, individual, private arbitration under the American Arbitration Association’s Rule for Arbitration of Consumer-Related Disputes. The arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award may be entered in any court having competent jurisdiction.
20. Class Action Waiver. Neither you nor we will participate in any class action or class-wide arbitration for any disputes arising under these Terms of Use. You agree to forego your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitration. You agree not to participate in claims against us brought by a private attorney general.
21. Miscellaneous. The Terms of Use and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Sites or Services must commence within one (1) year after the cause of action accrues. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Last Updated: May 25, 2017