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Terms Of Use

LAST UPDATE: May 8th, 2020

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.zelmanassociates.com (this “site”), including any content, functionality and services offered on or through the site.  These Terms of Use cover Zelman Holdings LLC and its subsidiaries, Zelman & Associates LLC and Zelman Partners LLC, which from this point forward are collectively referred to as “Zelman”, “we”, “us” or “our”.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO ACCESS THE SITE OR SERVICES. BY USING THE SITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT PRIVACY POLICY. INCORPORATED HEREIN BY REFERENCE, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS OF USE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE SERVICES AND SITE.

You may not access the site if you are a direct competitor of Zelman (as solely determined by Zelman), except with our prior written consent. In addition, you may not access the site for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the site thereafter. Your continued use of the site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this site so you are aware of any changes, as they are binding on you. Parts of this site are accessible to the public while other parts of this site are restricted to clients of Zelman via their authorized username and password. These Terms of Use apply to all public users and clients of Zelman who do not have a client specific engagement letter or research agreement in place.

This site is owned and operated by Zelman. Permission is granted to display and navigate this site with a computer using HTML browser software. All trademarks, service marks, trade names, images, video, text, logos and general content displayed on this site are proprietary to Zelman or are being used by Zelman with the permission of third parties. No materials from this site, including trademarks, service marks, trade names, images, video, text, logos and research reports, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Zelman’s prior written permission. Modification or use of the materials for any other purpose violates Zelman’s intellectual property rights.  No right, title or interest in or to the site or any content on the site is transferred to you and, subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the site and any other content on the site, including all related intellectual property rights. 
If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, you may not enter into this agreement or use the site. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this site, you may not enter into this agreement or use this site. By using this site, you are explicitly stating that you have verified in your own jurisdiction if your use of this site is allowed. We make no representation that materials in this site are appropriate or available for use in all locations. Those who choose to access the site do so on their own initiative and at their own risk, and are responsible for compliance with local laws. If and to the extent local laws are applicable. We reserve the right to limit the availability of the site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

User Accounts
As a client of Zelman, you may be provided a username or password to access research reports, blog entries, newsletters, financial models, presentations, webinars, audio recordings, data, pricing information, images, videos or other written content. Usernames and passwords provided to you by Zelman are confidential and no one other than the intended user is authorized to use such username and password. It is your responsibility to maintain the confidentiality of your username and password, as you will be solely responsible for all activity conducted under your username through the site. Zelman reserves the right, in its sole discretion, to rescind access to the password protected portions of this site  and to change, remove, alter, or delete any account at any time and for any reason. Materials obtained from password-protected portions of this site, including but not limited to research reports may not be copied, reproduced, republished, posted, transmitted or distributed in any way without Zelman’s prior written permission.

You agree to notify us immediately of any unauthorized use, theft, or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
Information submitted by users will be transmitted to and shared with third parties that may be located in other countries, in order to provide services to such users, including but limited to transaction processing and fraud prevention.

Your access to the site, services and content is based upon your express agreement and adherence to these Terms of Use and, if applicable, to your fully-paid membership and/or other fees. In some instances, Zelman may provide free access to aspects of the site. Your access to the site shall be for the duration as may be agreed by you and Zelman through online registration, telephone order or otherwise. If you have purchased a recurring membership/subscription to the site and materials prepared by Zelman, the term of your membership/subscription shall automatically renew for indefinite successive renewal terms for the same period as the initial term (or a time period as agreed upon) unless terminated by you or Zelman in accordance with the provisions of these Terms of Use. You can deactivate the autorenewal regarding your paid membership through your account profile page on the website.  Additionally, you may be able to purchase various materials for a one-time fee at the stated website pricing or as mutually agreed by you and Zelman.  You can terminate access to your account by sending a cancelation request to [email protected].

User Contributions
The site may allow you to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“User Content”), which may be accessible and viewable by other users of the site and used by Zelman in providing you services and products. You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy and your right to publish it. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by Zelman.
 
You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected harm any person or entity (such User Content, “Offensive User Content”), whether or not such material is protected by law. You agree that you will not use your account or the site to publish or disseminate, or allow any other person to use your account to publish, republish, or disseminate, any Offensive User Content, nor us profanity in any posting to any site.
 
You may also expose yourself to liability to Zelman or third parties if, for example, you hold an account and User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with Zelman or any third party, or write defamatory or inflammatory comments through the site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.
 
We may use your User Content in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your User Content for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably granter the users of the site the right to access your User Content in connection with their use of the site. Finally, you irrevocably waive, and cause to be waived, against Zelman and its users, any claims and assertions of moral rights or attribution with respect to User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.
 
We reserve the right to remove, screen, edit, or reinstate your User Content from time to time at our sole discretion and without notice to you. By submitting User Content to Zelman through its suggestion or feedback webpages, via email, or otherwise, you acknowledge and agree that: (a) User Content does not contain confidential or proprietary information; (b) Zelman may have something similar to the User Content already under consideration or in development; (c) We have no obligation to retain or provide you with copies of user Content, nor do we guarantee any confidentiality with respect to your User Content.

Linked Websites
This site may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Zelman monitors or endorses these websites or their respective practices. Zelman does not accept any responsibility for such websites. Zelman shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms of Use and our Privacy Policy do not apply to your use of any third-party websites, so be sure to review any applicable terms and policies of third party sites.

Disclaimer
Zelman represents and warrants that it shall perform the services it has been engaged to perform in a competent and professional manner in accordance with commercially reasonable industry standards and to the satisfaction of the client. Except as set forth in this disclaimer section, the services are provided “as is” without warranty of any kind, either express or implied, statutory or otherwise, including without limitation any warranties of merchantability or fitness for a particular purpose, or warranties based on course of dealing or usage in trade.
Zelman disclaims any and all liability to any person or entity for the proper performance of services. Zelman does not represent or warrant that the services are complete or free from error or that the site is free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties or will be available 24 hours per day, seven days per week and does not assume, and expressly disclaims, any liability to any person or entity for loss or damage caused by errors or omissions in the services, whether such errors or omissions result from negligence, accident, or other cause.

Any material downloaded or otherwise obtained through the use of this site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Information provided on this site, including in password protected areas, is based on current public information that we consider reliable, but we do not guarantee its accuracy or completeness. The information and opinions expressed in this research are not offers to sell or solicitations of an offer to buy any security or financial instrument. They do not constitute a personal recommendation or take into account the particular investment objectives, financial situation or needs of individual clients. Nothing contained on this site constitutes investment advice. The information on any particular company referred to in our research reports or titles may not reflect events occurring after the date of publication. Past performance is not a guide to future performance, future returns are not guaranteed, and a complete loss of principal may occur.

Limitation of Liability
Notwithstanding anything to the contrary in these Terms of Use, Zelman’s total liability and your exclusive remedy under or related to these Terms of Use is limited to direct money damages not exceeding the amount paid by you to Zelman during the twelve months preceding the claim. This limit is cumulative and all payments under these Terms of Use are aggregated to calculate satisfaction of the limit. The existence of multiple claims does not enlarge the limit. Notwithstanding anything to the contrary in these Terms of Use, Zelman shall have no liability under or in any way related to this agreement for any loss of profit or revenue or for any consequential, indirect, incidental, special, punitive, or exemplary damages, even if Zelman is aware of the possibility of such loss or damages.

Indemnification
You agree to, upon request, defend, indemnify and hold us harmless from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are responsible; (2) your use of this site; or (3) your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party.  Zelman reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Zelman.  This indemnification section will survive any termination or expiration of these Terms of Use.

Miscellaneous
If at any time Zelman believes, in its sole discretion, that you have violated any provision of these Terms of Use, Zelman may immediately terminate your access and all other services without any right to a refund or other remedy, and all fees due to Zelman up to the end of the then-current billing cycle at the time of such termination shall remain payable to Zelman. Such termination will not limit any other right by Zelman under contract, tort or any other legal theory to pursue any claim or cause of action against the client for violating these Terms of Use including, but not limited to, monetary damages, injunctive relief, attorney’s fees and court costs.
Your use and access of this site shall be governed by Ohio law, without effect to its conflict of law principles. By using this site you agree that any legal action arising out of or relating to this site shall be brought only in the federal or state courts in the State of Ohio. You agree that jurisdiction and venue are proper in such courts. This site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation or which would subject Zelman to any registration requirement within such location.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.  These Terms of Use are not assignable, transferable or sub-licensable by you except with Zelman’s prior written consent.  These Terms of Use provide only for the use of this site. These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Contact Us
If you need to contact us regarding this site or these Terms of Use, please e-mail us at [email protected]. You can also contact us via telephone at 212-993-5840.