The following are the Terms of Use (“Terms”) for the website http://richmangrprod.wpengine.com/ (the “Site”) owned by Richman Property Services, Inc., a Connecticut corporation (Richman Property Services, Inc. and its affiliates and subsidiaries, individually and collectively, as the case may be, hereinafter referred to as “Company,” “us” or “we”). You (“user” or “you”) should carefully read these Terms before using this Site so that you are aware of your legal rights and obligations with respect to the use of this Site and your prospective relationship with Company. For additional information, you may contact us at SignatureMarketing@Richmanmgt.com or visit the Site.
1. Your Acceptance
By using or visiting this Site, including without limitation viewing the Site’s Content (as defined below), you signify your agreement to (1) these Terms; and (2) our Privacy Policy at www.therichmangroup.com/privacy-policy/ (“Privacy Policy”). These Terms apply to all users of the Site. If you do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein. You agree that these electronic Terms and the Privacy Policy, combined with your accessing and using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You agree not to challenge the validity, enforceability, or admissibility of these Terms or the Privacy Policy on the grounds that they were electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print these Terms.
2. Ability to Accept Terms
You affirm that you are over the age of 18 and have the power, authority and capacity to enter into these Terms, and that you are a U.S. citizen, or are physically present in the United States as you use the Site.
By using this Site, you signify you meet all of the foregoing criteria, and agree any action taken by you on the Site shall be deemed an action taken by you and, to the extent you are accessing this Site for your business or your employer, your actions shall be deemed to be authorized actions on behalf of your business or your employer, as applicable.
3. Website Access
A. Company hereby grants you permission to use the Site, provided that: (i); you will not copy, distribute or modify any part of the Site without our prior written authorization; (ii) you will not disrupt servers or networks connected to the Site; (iii) you will not disobey any requirements, procedures, policies or regulations established from time to time regarding use of the Site or any networks connected to the Site; (iv) you will not engage in any other activity to circumvent established Internet security measures on the Site or elsewhere; and (v) you comply with these Terms.
B. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to our servers in a given period of time than can be reasonably produced in the same period by using a conventional on-line web browser. Company grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes.
C. Company has the right to seek all remedies available at law and in equity for violations of these Terms.
4. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Company. Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Company’s prior written consent, which consent may be granted or withheld in Company’s sole discretion. Company reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site. The Marks and the collection, arrangement, and assembly of all Content on the Site are the exclusive property of Company. Company expressly reserves all intellectual property rights in the Marks and the Content. This section shall survive any termination of these Terms.
You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content, are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of these Terms. You agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content, that are made available on or through the Site.
All trademarks and service marks on the Site not owned by Company are the property of their respective owners. The trade names, trademarks, and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s trade names, trademarks, or service marks without the prior express written permission of Company.
5. Modification and Termination
Company may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Company reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms. Your continued use of the Site will indicate your acceptance of the current Terms.
Company reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that Company shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
6. Limitation of Liability and Disclaimer of Warranties
THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (E) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
While we try to maintain the Site’s integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at SignatureMarketing@Richmanmgt.com with a description of the material(s) at issue, and the location (“URL”) where such material(s) appear.
7. Indemnity
You agree to defend, indemnify and hold harmless Company, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right. This defense and indemnification obligation will survive any termination of these Terms or your use of the Site. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right to employ counsel and assume the exclusive defense and control of any such matter at your expense.
8. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
9. International Use
Neither Company nor its affiliates make any representation that the Site or Content is appropriate or available for use in locations outside the United States. Those who choose to access the Site from other locations are responsible for compliance with any applicable local laws and any applicable laws regarding the transmission of technical data exported from the United States of the country in which you are located.
10. General
The Site is controlled and operated by Company from its principal office in the State of Connecticut, U.S.A., and is not intended to subject Company to the laws or jurisdiction of any state, country or territory other than the State of Connecticut and the United States of America. Company does not represent or warrant that the Site or the Content or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. These Terms, the Privacy Policy and the relationship between you and Company are governed by and construed in accordance with the laws of the State of Connecticut, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Fairfield County, Connecticut and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published on the Site, shall constitute the entire agreement between you and Company concerning usage of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms shall survive your usage of the Site and the termination of your relationship with Company. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
11. Other Agreements
These Terms may be supplemented or amended by the provisions of other “click-through” agreements between you and Company found on our Site (the “Other Agreements”). In such cases, you may be asked to expressly consent to the terms of such Other Agreements, for example, by checking a box or clicking a button marked “I agree” or “I accept.” If any provision of these Terms are different than or conflict with the provisions of those Other Agreements, the provisions of the Other Agreements will supplement or amend the provisions of these Terms.
12. Contact Us
If you have any questions or comments regarding these Terms and/or our Privacy Policy please send an e-mail to SignatureMarketing@Richmanmgt.com or call us at (813) 262-0401.
LAST UPDATED: August 27, 2018