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Terms of Use

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 WWW.ZELMANASSOCIATES.COM, 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, 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. 

As a client of Zelman, you may be provided a username or password to access research reports, images, videos or other written content categorized as “Institutional Investor Research” or “The Z Report”. 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 if these Terms of Use are violated. Materials obtained from password-protected portions of this site, including but not limited to research reports categorized as “Institutional Investor Research” or publications of “The Z Report” may not be copied, reproduced, republished, posted, transmitted or distributed in any way without Zelman’s prior written permission.

The term of your access to the site, services and content is based upon your express agreement and adherence to these Terms of Use and to your fully-paid membership and/or other fees. Your membership to the site shall be for the initial term (e.g., monthly, quarterly, semi-annually or annually) as may be agreed by you and Zelman through online registration, telephone order or otherwise, and 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. All Institutional Investor Research clients can terminate membership by sending a cancellation request to finance@zelmanassociates.com. All Z Report clients can deactivate their auto-renew feature through their account profile on the site.

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.

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.

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.

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.