1. Acceptance of Terms.
Welcome to The Related Companies, L.P. (“Related”) Web site. Your access to and use of this Web site (this “Site”) is subject to the following terms and conditions (the “Terms of Service” or “TOS”) and all applicable laws. Please note that web sites launched by any affiliates, subsidiaries, or divisions of Related may governed by separate terms and conditions. Your access to and use of those web sites is subject to such terms and conditions.
2. Description of Services.
The Site provides users with access to a rich collection of information and data about Related, our associated companies, our properties and services. Users are able to, among other things, browse properties, learn about the services and amenities offered at these properties, and submit inquiries via an email form in order to obtain more information about Related and its properties. Users may interact with Related on this Site through the following activities: (i) Users can provide information to Related (including, name, email address and other optional information) in conjunction with a request for information from Related. Related will keep such information and periodically forward the appropriate information to the user via email; (ii) Users can send an individual request to the person/department listed on the site and the person will send the information to the user; (iii) Users of certain websites (e.g., www.relatedrentals.com and www.relatedresidents.com) can use the websites to make rental payments or order and pay for services from certain third parties; (iv) Users can send resumes in response to posted jobs or as a general submission in case a suitable job becomes available and Related’s HR department may send information to the user or contact the user by phone or email; and (v) Users can, where available, participate in certain online forums regarding Related and its properties (collectively, the “Services”).
3. Use of Information on this Site.
Any use of the Services available on this Site are for personal use only. Related authorizes you to copy any portion of this Site, which is not the property of third parties, provided that such use shall be for non-commercial purposes only by you or any person within your organization. In consideration of this authorization, you agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of Related is expressly prohibited.
4. Submissions.
Related does not claim ownership of any materials you make available through the Site. At Related’s sole discretion, such materials may be included in the Services in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant Related a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. The Site may provide Users with the ability to send email messages to other users and non-users and to post messages on the Site. Related is under no obligation to review any messages, information, or content (“Postings”) posted on the Site by Users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Related may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that:

(i) Contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(ii) Contain advertisements or solicitations of any kind.
(iii) Impersonate others or provide any kind of false information.
(iv) Contain personal information such as messages that state phone numbers, social security numbers, account numbers, addresses, or employer references.
(v) Contain messages by non-spokesperson employees of Related purporting to speak on behalf of Related or containing confidential information or expressing opinions concerning Related.
(vi) Contain messages that offer unauthorized downloads of any copyrighted or private information.
(vii) Contain multiple messages placed within individual folders by the same user restating the same point.
(viii) Contain chain letters of any kind.
(ix) Are identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using any Related Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using any Related to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
5. Electronic Communication.
When you use the Site or send e-mails to Related, you are communicating with Related electronically. You consent to receive communications from Related electronically. Related will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Related provides to you electronically will satisfy any legal requirement that such communications be in writing.
6. Related Privacy Policy.
Any and all personal information posted to this Site is subject to Related’s Privacy Policy. You can access the Privacy Policy by clicking [here]. [NOTE: insert a link to the privacy policy.]
7. User Conduct.
You agree that you will not use this Site to: (a) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or (b) intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance.
8. Links.
Links contained in this Site are intended for convenience only and are not an endorsement by Related, its affiliates or partners of any other party or Web site. Related has no control over such Web sites, makes no representations about such Web sites, and assumes no responsibility for any content or materials on or available from such Web sites. All use of, or reliance on, third party Web sites, content, services and products is at your own risk. You should carefully review the terms and conditions and privacy policies of all Web sites that you visit.
9. No Resale of Services.
You agree that you will not duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services, use of the Services or access to the Services.
10. Modifications to Services.
Related reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that Related shall not be liable to you for any modification, suspension or discontinuance of the Services.
11. Termination of Services.
Related reserves the right to terminate your use of the Services or your access to the Site, for any reason. Any termination pursuant to this provision may be without prior notice and you agree that Related shall not be liable to you for such termination.
12. Disclaimer of Warranties.
(a) THIS SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. RELATED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE AND NON-INFRINGEMENT; (b) THE INFORMATION ON THIS SITE IS AS ACCURATE AS POSSIBLE; HOWEVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, RELATED DOES NOT WARRANT THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE INFORMATION POSTED ON THE SITE AND IN EMAILS GENERATED FROM THE SITE IS GIVEN AS OF THE DATE HEREOF AND RELATED ASSUMES NO OBLIGATION TO UPDATE OR SUPPLEMENT THIS INFORMATION TO REFLECT ANY FACTS OR CIRCUMSTANCES THAT MAY HEREAFTER COME TO ITS ATTENTION OR ANY CHANGES IN LAWS THAT MAY HEREAFTER OCCUR;
(c) RELATED AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS MAKE NO WARRANTY THAT (I) THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF THE INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF ANY SUCH MATERIAL;
(e) THE POSTING OF JOBS BY RELATED OR YOUR SUBMISSION OF A RESUME SHALL NOT MEAN THAT YOU ARE CONSIDERED AN APPLICANT OF A JOB AT RELATED NOR SHALL IT BE DEEMED THE OFFER OF A JOB TO YOU; YOU ARE NOT CONSIDERED AN APPLICANT UNTIL YOU HAVE BEEN CONTACTED BY AN HR REPRESENTATIVE. THEN, YOU MAY BE ASKED TO COME IN AND FILL OUT AN EMPLOYMENT APPLICATION AND/OR BEGIN THE EMPLOYMENT PROCESS INVOLVING AN INTERVIEW OR JOB-RELATED TESTING. RELATED MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE JOB POSTINGS REMAIN ACCURATE.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RELATED, THE SITE OR THE SERVICES SHALL EXPRESSLY CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
13. Limitation of Liability.
NEITHER RELATED NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DATA, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING AS A CONTRACT, NEGLIGENCE OR TORT ACTION, IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES.
14. Indemnification.
You agree to indemnify and hold harmless, and at Related’s option, defend Related, its affiliates, and its and theirs officers, directors, partners, members, managers, shareholders, employees, agents, representatives or licensors for any loss, damages or costs, including reasonable attorneys' fees, relating to and resulting from (i) any breach of the terms and conditions of this TOS; and (ii) any use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Site’s infrastructure.

15. Proprietary Rights.
All of this Site’s design, text, graphics, logos, button icons, images, audio clips, data, information, images, illustrations, charts, indices, reports, data, HTML code and screens, the selection and arrangement thereof, and all software on this Site is owned by or licensed to Related, its affiliates, partners or licensors, and is subject to protection by U.S. and international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction in the world.
16. Trademarks.
The trademarks, logos, and service marks displayed on the Site, including, but not limited to those set forth in the attached link [INSERT LINK TO TRADEMARK LIST], and any individual property names (collectively, the “Trademarks”) are the registered and unregistered marks of Related, its affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. No license or right to use any Trademark contained on this Site is granted, whether by implication or otherwise, and any use of any Tademark contained on this Site is expressly prohibited unless authorized in writing by the trademark holder.
17. Governing Law.
Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New York law without giving effect to any rules of conflicts of law that would provide for the application of the law of another jurisdiction, and shall be subject to the exclusive jurisdiction of the courts of the county of New York, New York, USA. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the TOS must be filed within one (1) year after such claim or cause of action arose.
18. Local Laws and Export Control.
Related does not make any representation that the Site is appropriate or available for use in other locations outside the United States. If you are using the Site in the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, rules, regulations, interpretations and determinations of any regulatory authority, or any provision of federal or state law and with all United States export laws and all other applicable laws. If you use the Site from outside the United States, you are solely responsible for compliance with all applicable laws, including, but not limited to, export and import regulations of the United States and other countries.
19. Representations and Warranties.
You represent, warrant and covenant that (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; and (iii) your use of the Site will comply with this TOS.
20. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
21. Contact Information.
Any questions regarding this TOS should be directed to: webinfo@related.com.
22. General Information.
This TOS constitutes the entire agreement between you and Related, and governs your use of the Site and the Services. The failure of Related to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the applicable provision, and the other provisions of this TOS shall remain in full force and effect. The section headings in this TOS are for convenience only and have no legal or contractual effect.
23. Procedure for Claims of Intellectual Property Infringement.
Related respects the intellectual property of others, and Related asks its users to do the same. Related may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Related the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) 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;
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Related’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Matthew J. Atlas, Esq.
Related
60 Columbus Circle, New York, NY 10023
By phone: (212) 801-3777
By email: matlas@related.com
Related may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 24.
24. Modification and Notification of Changes.
Related reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. You agree that Related shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.