Terms of Use

Related Website and Mobile App Terms of Use

Last updated: March 3, 2019

IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

The Related Companies, L.P. (“Related,” “we,” “our”), along with its affiliates and subsidiaries, operate(s) this website and services provided through it, and makes available certain mobile applications (each and together, and along with any content display therein, the “Services”). These Terms of Use (“Terms” or “Terms of Use”) govern your access to and use of the Services. You accept and agree to these Terms by doing any one of the following:

  • Clicking to accept these Terms;
  • Accepting these Terms through any other method we specify; and
  • Indicating in any legally sufficient way that you agree to these Terms.

If you violate these Terms, or if you do not agree to these Terms, you are not allowed to access or otherwise use the Services.

All references to “you” or “your,” as applicable, mean the person that registers for, accesses, or uses the Services in any manner, and each of your heirs, assigns, and successors. If you use or access the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

  1. Changes to the Terms of Use

Related reserves the right to modify these Terms or its policies relating to the Services, effective upon posting of an updated version of these Terms or any applicable supplemental conditions in the Services. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to the updated Terms, you may not access or use the Services. The foregoing does not apply to the arbitration or class action waiver provision in Section 13.

  1. Changes to the Services

 

We reserve the right to change and improve the features and functionality of the Services at any time and at our sole discretion. This includes adding, modifying or removing specific features and functionality of our Services, or updating how our Services are provided. The Terms will apply to the updated version of the Services. Additionally, we reserve the right to suspend or terminate the Services altogether for any reason or no reason, without notice, at any time, and without liability to you. We reserve the right to impose fees for new or existing aspects of the Services and to modify existing fees. 

  1. Eligibility Restrictions
     

To use the Services, you must (a) have reached the age of majority in the jurisdiction where you live (in most U.S. states, that’s 18 years old) and can form legally-binding contracts under applicable law or (b) be over 13 and have valid consent from your parent or legal guardian to use the Services and be bound by these Terms. If you are the parent or legal guardian of a minor that creates an account, you accept these Terms on the minor’s behalf and are jointly responsible with the minor for all use of the Services and compliance with the Terms.

  1. Account Creation

To access and use the Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you agree that you will be liable (and understand that we will hold you liable) for any activity that occurs on your Account. We therefore urge you not to share your Account credentials with anyone, and to treat them in a careful and confidential manner. 

 

  1. Privacy Policy

 

You acknowledge the collection, use, disclosure and other handling of information described in our Privacy Policy, which we may update from time to time by posting the new version (with the “update” date) to our website. 

  1. General Requirements and Prohibitions

You must comply with these Terms and any other policies or requirements we post on or through the Services. You agree to comply with all applicable laws, rules, and regulations when registering for, accessing, or using the Services. Without limiting the foregoing, you must not do (and agree not to do) any of the following:

  • Violate any applicable law or legal requirement.
  • Engage in fraud or misuse of the Services.
  • Engage in conduct that is harmful or harassing to anybody.
  • Post, upload, publish, submit, or transmit any content that:
    • Infringes, misappropriates, or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
    • Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
    • Is fraudulent, false, misleading, or deceptive;
    • Is defamatory, obscene, pornographic, vulgar, or offensive;
    • Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
    • Is violent or threatening or promotes violence or actions that are threatening to any other person;
    • Promotes illegal or harmful activities or substances;
    • Constitutes spam, or competes with our business;
    • Contains any computer virus or other malicious code designed to attack, damage, divert, take over, disable, overburden, or otherwise impair the Services.
  • Attempt to scrape or collect any personal or private information from the Services or from other users of the Services.
  • Resell the Services, in whole or in part, or any content residing or displayed within or through the Services.
  • Intercept, monitor, damage, or modify any communication not intended for you.
  • Otherwise impersonate or misrepresent your affiliation with any person or entity.
  • Alter the way that an aspect of an App or website we provide is displayed or delivered to other users.
  • Access, tamper with, or use non-public areas of an App or website we provide, our computer systems, or the technical delivery systems of us or our providers.
  • Attempt to probe, scan, or test the vulnerability of the Services or breach any security or authentication measures.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure intended to protect, limit access to or control the Services.
  • Access the Services if we have requested that you refrain from such access.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
  • Assist or permit anybody to violate these Terms.

We and our third-party partners reserve the right to restrict or block access to the Services for any reason or no reason.

You acknowledge that we have no obligation to monitor your access to or use of the Services for violations of the Terms, or to review any content you submit to us. However, we have the right to do so for the purpose of operating and improving the Services (including, without limitation, for fraud prevention, risk assessment, investigation, and customer support purposes), to ensure your compliance with the Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

  1. Ownership of the Services, Feedback, and Related Rights

 

Subject to these Terms, Related grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to these Terms. Related, its suppliers and service providers reserve all rights not granted in these Terms.

The Services (in whole and in part), and any content comprising or used to display the Services, are protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in the Terms, we and our licensors exclusively own all right, title, and interest into and to the Services, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of us or their respective owners.

By sending us any feedback, comments, questions, or suggestions concerning Related or any of our Services (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Related and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or any aspect of the Services, e.g., should we cease offering it.

  1. Third-Party Links and Services

An App or website that we provide may also contain links to third-party websites, offers, or other events and promotions not owned or controlled by Related, such as retailer or restaurant promotions. We do not endorse or assume any liability for any such links or such organizations (or the actions of such organizations), and if you access them, you do so at your own risk. Related is not a party to any agreements or transactions made between you and any third-party, even where such agreements or transactions are facilitated through the Services. Should a dispute arise due to actions or omissions of other users of the Services or third parties, you understand and agree that any legal remedy or liability you seek shall be limited to a claim against those particular users or third parties—not Related. You agree not to attempt to impose liability on or seek any legal remedy from Related with respect to such actions or omissions.

  1. Digital Millennium Copyright Act Notice

We are committed to complying with U.S. copyright and related laws, and we require all users of the Services to comply with these laws. Accordingly, our users (including you) may not disseminate any material or content using the Services in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any user to access the Services if any such user is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, are infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is:

Fax: (212) 801-1066

If you believe that content that you or a third party owns has been used via the Services in a way that violates your or someone else’s copyright or other intellectual property rights, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the information contained in your report 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.

If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Services is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Services due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.

 

  1. Indemnification

 

You agree to indemnify and hold harmless Related and the members of its corporate family (i.e., all parents, subsidiaries and affiliates), as well as Related investors and partners, and their respective agents, partners, employees and contractors , at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, settlements, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any third-party complaint, claim, demand or liability arising out of or related to your breach of these Terms, or your violation of any law or third-party rights. The members of Related’s corporate family (which means all parents, subsidiaries and affiliates of Related), and the respective agents, partners, employees, partners, investors, and contractors of them and of Related, are third-party beneficiaries of this paragraph. 

  1. Disclaimer of Representations and Warranties

 

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, (1) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF PERFORMANCE, (5) OF TITLE, (6) THAT THE SERVICES WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES ANYTHING, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, (8) THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR (9) THAT WE WILL ENFORCE THE TERMS AGAINST OTHERS TO YOUR SATISFACTION. EFFORTS BY RELATED TO MODIFY THE SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS OR ANY OTHER PROVISION OF THESE TERMS. Some jurisdictions limit or do not allow the disclaimer of implied warranties, and as a result some or all of this section may not apply to you. In cases where such laws apply, the warranties will be disclaimed only to fullest extent permitted by law.

  1. Limitation of Liability

 

IN NO EVENT SHALL RELATED OR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, PARENTS, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH RELATED, THE “RELATED ENTITIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY, OR FOR ANY CONTENT, PRODUCTS, AND SERVICE OBTAINED THROUGH OR VIEWED ON THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF THE RELATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ANY RELATED ENTITY’S NEGLIGENCE OR GROSS NEGLIGENCE. IN NO EVENT SHALL THE RELATED ENTITIES’ AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). ADDITIONAL DISCLAIMERS BY RELATED MAY APPEAR WITHIN THE SERVICES AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. Some jurisdictions restrict or do not allow the limitation of liability in contracts, and as a result the contents of this section may not apply to you. In cases where such laws apply, liability of the Related Entities shall be limited to the fullest extent permitted by law.

If you are a resident of New Jersey, this section does not apply to prevent a right to recover certain damages (including punitive damages) where a harmed person proves with the required evidence that the harm suffered was the result of the defendant’s “acts or omissions and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions.” Similarly, this section does not limit Related’s tort liability under New Jersey law resulting from Related’s own intentional or reckless conduct.

  1. Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Related agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising, and any content available on or through any App or our website(s)); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Related as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Related at [email protected] Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Related, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ or Privacy Policy’s formation, performance, and breach), the parties’ relationship with each other, and/or your use of our App or our website(s) shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, 620 Eighth Ave. NY Times Building 34th Floor New York, NY 10018 USA; and (c) send one copy of the Demand for Arbitration to Related at The Related Companies, L.P., 60 Columbus Circle, 19th Floor, New York, NY 10023, Attention: Legal Department.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Related will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Related will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of New York, United States of America. You and Related further agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND RELATED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception for Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to create your Account) written notice of your decision to opt out to [email protected] with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your agreement to these Terms; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Related also will not be bound by them.

Changes to This Section: Related will provide thirty (30) days’ notice of any changes to this section by posting on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Services.

  1. WiFi Services

We may offer access to WiFi services on physical properties that we own or manage. When we do this, a separate agreement (and privacy policy) will apply, and we may require users to provide additional information in order to access those WiFi services.

  1. Governing Law

The Terms and the relationship between you and Related shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions. Any claim or dispute either of us may have against the other that is not subject to arbitration must be resolved by a court located in New York County, New York. We both agree to submit to the personal jurisdiction of the federal and state courts located within New York County, New York for the purpose of litigating all such claims or disputes that are not subject to arbitration.

  1. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

  1. Other

These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding such topic. If we fail to enforce any part of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms by us must be made in writing and signed by us. If any provision of these Terms (or part of such provision) is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision (or part of that provision) shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions — that invalid or unenforceable (part of the) clause will be replaced by a valid and/or enforceable, as the case may be, (part of the) clause which is as close to the intention of the parties as possible. All of our rights and obligations under these Terms including any license rights) are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in these Terms shall prevent us from complying with the law. We reserve all rights not expressly granted to you.

  1. Questions

Should you have any questions regarding these Terms you may contact us at [email protected].

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