Terms of Service
12-terms-privacy
01 Disclaimer

Although information has been obtained from sources deemed reliable, neither Owner nor JLL makes any guarantees, warranties or representations, express or implied, as to the completeness or accuracy as to the information contained herein. Any projections, opinions, assumptions or estimates used are for example only. There may be differences between projected and actual results, and those differences may be material. The Property may be withdrawn without notice. Neither Owner nor JLL accepts any liability for any loss or damage suffered by any party resulting from reliance on this information. If the recipient of this information has signed a confidentiality agreement regarding this matter, this information is subject to the terms of that agreement.© 2017. Jones Lang LaSalle IP, Inc. All rights reserved.

02 General

Last updated: May 24, 2016

PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED TERMS AND OTHER POLICIES, GUIDELINES AND DISCLAIMERS THAT WE MAY POST FROM TIME TO TIME, COLLECTIVELY STATE THE AGREEMENT (“AGREEMENT”) UNDER WHICH JONES LANG LASALLE INNOV A TION DEVELOPMENT LLC, DOING BUSINESS AS “HIRISE” (“HIRISE,” “WE,” “OUR”, AND “US”) PROVIDES YOU WITH VARIOUS SERVICES, CURRENTLY LOCATED AT WWW.HIRISE.COM, AND ANY OTHER RELATED OR SUCCESSOR SITES (COLLECTIVELY, THE “SITE”). ALL SERVICES PROVIDED BY HIRISE ON THE SITE ARE COLLECTIVELY REFERRED TO HEREIN AS THE “SERVICES.” BY ACCESSING, BROWSING OR USING THE SITE AND/OR SERVICES, YOU ARE DEEMED TO ACCEPT THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THE SITE AND SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS, BROWSE OR USE THE SITE OR ANY OF THE SERVICES.

You may not use the Site and Services, and may not accept these terms, if you are not of legal age in your jurisdiction to form a legally binding contract with HiRise, you are not allowed to access the Site or receive the Services under the laws of the United States, or you are otherwise legally barred from doing so. If you accept this Agreement on behalf of a legal entity (such as a company), you represent and warrant that you have the authority to bind that entity to the terms of this Agreement, and in such event the words “you,” “your” and similar terms will apply to such entity. You represent and warrant that (a) you are a resident of the United States and (b) you are not, nor are you owned or controlled by, or working on behalf of, any person, company or other organization that is (i) identified on the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals List, (ii) located, organized or resident in a country or territory that is, or whose government is, the target of OFAC sanctions, or (iii) otherwise subject to sanctions administered by OFAC, the US Department of State, or other relevant sanctions authority. You further represent and warrant that any payments that you provide or authorize relating to the Site and Services are not property blocked by OFAC sanctions or other applicable laws, or the proceeds of unlawful activity, and further that transactions involving such payments are not prohibited by applicable law. In the event that you become subject to sanctions during the term of this Agreement, you shall immediately notify HiRise, and we shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you; provided, however, for the avoidance of doubt, you will remain liable to us for any outstanding obligations hereunder and we shall remain liable for any payments that may be owed to you pursuant to this Agreement accruing prior to such termination and any other payments due hereunder. You may not use the Site or the Services to conduct or facilitate any transaction that would be prohibited by applicable law.

This Agreement contains provisions that govern how claims you and we have against each other are resolved; see Section 23 (Agreement to Arbitrate) below. The Agreement to Arbitrate will, with limited exception, require you to submit claims you have against us to binding and final arbitration. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

03 Services Description; Listings and Bookings

The Site and Services are designed to provide an Internet platform by which parties (individuals and entities) seeking a location from which to perform work or operate (each, a “Tenant”) such as a cubicle, office, furnished or unfurnished interior space, or an entire suite (each, a “Space”) can connect to parties who have control of Spaces (each, a “Lessor”) which the Lessor wishes to make available for use by a Tenant. For clarity, “Lessor” is used in this Agreement to refer to a party that offers Space to Tenants, whether it is offered by means of a lease or a license. The terms of this Agreement and references to “you” are applicable to both Tenants and Lessors, unless a particular term indicates it applies only to Tenants or to Lessors. You may use this Site and the Services as either a Tenant (for example, when you are renting Space) or a Lessor (for example, when you are leasing or subleasing Space to a Tenant), and in fact may serve in both capacities in different transactions at the same time.

If as a Lessor you choose to enter into a transaction with a Tenant with respect to a Space, you must ensure that the same will be evidenced by an agreement with the Tenant (a “Space Agreement”). A Space Agreement will consist of key terms that are specific to the applicable Space or Spaces and the Lessor’s general terms and conditions and other applicable forms the Lessor wishes to include. All terms of a Space Agreement are generated by the Lessor and selections made by the Tenant, and a Space Agreement is formed and executed by the parties according to procedures that HiRise specifies for the use of the Site and may change from time to time. HiRise is not and will not be a party to any Space Agreement and is not responsible for its terms, performance or enforcement. A Space Agreement may specify rules, requirements, obligations, restrictions, conditions and terms regarding the Space that the Lessor wishes to impose (collectively, “Restrictions”). If you are a Lessor, you agree and acknowledge that the Tenant is solely responsible for compliance with the Restrictions and that you are solely responsible for the enforcement of the Restrictions. You further acknowledge and agree that HIRISE IS NOT ACTING AS A REAL ESTATE BROKER OR AGENT IN CONNECTION WITH THE SPACE OR IN PROVIDING THE SERVICES TO THE LESSOR. (HiRise’s affiliates Jones Lang LaSalle Americas, Inc. and Jones Lang LaSalle Brokerage, Inc. may list Space for which they serve as a broker, as described in Section 4).

HiRise has no control over the conduct of Lessors, Tenants and others who use the Site and the Services, and disclaims all liability for their conduct to the maximum extent permitted by law. Any agreement that you make with a Lessor or Tenant, including a Space Agreement, will be made in your sole and exclusive discretion. HIRISE IS NOT ACTING NOR WILL ACT IN ANY FIDUCIARY CAPACITY, AND HIRISE DOES NOT REPRESENT EITHER PARTY TO A TRANSACTION, AS AGENT, BROKER, OR OTHERWISE. In addition, HiRise is not providing any legal counsel to you. You must consult with your own legal counsel regarding your rights and obligations under this Agreement, your use of HiRise, and the legal sufficiency, enforceability, and contents of your Space Agreements.

The Site presents information about Spaces that Lessors wish to make available for use by Tenants (collectively, “Listings”). As a Lessor you must provide accurate and complete information about your Spaces and any applicable Restrictions in your Listings. Any use or rental arrangement you enter into with a Tenant, including any Space Agreement, is determined solely by you and the Tenant. HiRise only provides the Services that facilitate your interaction with Tenants, including without limitation the acceptance or rejection of the Space Agreement by you and Tenant. Accordingly, HiRise is not a party to, nor responsible for, your arrangements, understandings, or agreements with the Tenant, including the Space Agreement, and HiRise does not endorse, approve or recommend any particular Tenant. Although this Site requires that Tenants provide accurate information, HiRise is not obligated to and does not verify any Tenant’s purported identity or any other information regarding a Tenant, or whether the Tenant has made any unauthorized changes to a Space Agreement proposed by you. You are responsible for verifying the identity and suitability of Tenants and other users of the Site with whom you interact. HiRise will not have any liability for verifying any information in relation to any Tenant.

If you are a Tenant, HiRise does not verify and has no obligation to verify any information about Lessors, any Space offered by a Lessor, or the pricing or terms of any Space Agreement. You as the Tenant are responsible for verifying any such information. HIRISE WILL NOT BE LIABLE FOR CONDUCTING CREDIT CHECKS, BACKGROUND CHECKS, IDENTITY OR FINANCIAL VERIFICATION, PRIVATE INVESTIGATIONS OR OTHERWISE CONFIRMING ANY INFORMATION PROVIDED TO US WITH RESPECT TO ANY TENANT.

HiRise does provide and is responsible for the operation and functionality of the Site, subject to the terms and conditions set forth in this Agreement, including without limitation the disclaimers in Section 18(c) below.

HiRise will have no liability to the Lessor in connection with Listings that are cancelled or terminated by the Tenant or otherwise, and HiRise does not in any way guarantee payment or performance by a Tenant as to any arrangement, booking or Space Agreement facilitated through the Site. As Lessor, your Listings and Space Agreements you have entered into with Tenants become effective upon your acceptance, and you authorize us to contact the Payment Processor (defined below), who will be instructed to process payments for your Listings. Lessor also acknowledges and agrees that HiRise is providing the Services to Lessor on a non-exclusive basis, and that the Site is designed to and will feature the Listings of Spaces of multiple other Lessors, which may be similar or dissimilar to your Spaces, and may compete for the same Tenants. Lessor hereby waives any claim against HiRise in relation to such exclusivity or competition in relation to Listings or Tenants.

HiRise does not have an established maximum number of transactions, transmissions, or levels of storage used in connection with the Site and Services. HiRise reserves the right to set such limits, in its sole discretion, at any time.

As a Lessor, you represent and warrant to HiRise that you have the authority to enter into Space Agreements with Tenants with respect to the Spaces you list. If you are a lessee or licensee, or sublessee or sublicensee and wish to use the Site and Services as a Lessor, you represent and warrant that you have, or will obtain prior to entering into any Space Agreement with a Tenant, any and all required consents or approvals from the lessor, licensor, sublessor, sublicensor or any other parties having approval or consent rights in relation thereto. You represent and warrant that all of your Listings and all bookings of your Listing (i) will not breach any agreements you have entered into with any third parties, such as lease or rental agreements, (ii) will be in compliance with all applicable laws (such as zoning laws and laws governing rentals of properties), tax requirements, and rules and regulations that may apply to the applicable Space (including having all required permits, licenses and registrations), and (iii) will not conflict with the rights of third parties.

04 JLL Listings

Affiliates of HiRise, including Jones Lang LaSalle Americas, Inc. and Jones Lang LaSalle Brokerage, Inc., (collectively “JLL Affiliates”) may act as brokers of commercial properties and in this capacity may display Listings on the Site for Spaces for which they represent a Lessor as broker (“JLL Listings”). All JLL Listings will be identified as such, under the label “PERSONALIZE IT” or otherwise. Notwithstanding this representation by the JLL Affiliates, in no event will HiRise represent any Lessor, including a Lessor represented by a JLL Affiliate, as a broker, agent, or in any other capacity, and HiRise will receive no compensation for referring leads provided to JLL Affiliates for this purpose.

05 Use of Name and other Information

As part of the Services, HiRise makes available to Tenants and Lessors information regarding the names, companies, and locations of other Lessors and their Listings. HiRise may make select profile data regarding Tenants available to other Tenants in the vicinity of a given Listing on an OPT IN basis.

If HiRise provides you with information about another user, you may use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. You may not use this information for marketing purposes.

HiRise may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against HiRise or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as this Agreement, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of HiRise, its users, or members of the public. You acknowledge that HiRise has no obligation to monitor your access to or use of the Site, Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with this Agreement, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, or to respond to content that it determines is otherwise objectionable.

06 Compensation for Services; Financial Terms

As a Lessor, you agree and acknowledge that your use of the Services will require you to pay HiRise a fee for Services in connection with a Space that results in a Space Agreement with a Tenant (“Compensation”). The Compensation will be calculated as a percentage of the payments and other fees payable for the Space (prepaid or otherwise). The specific percentage and dollar amount of the Compensation payable with respect to a particular Space Agreement will be disclosed for your acceptance prior to acceptance of that Space Agreement. The Compensation will be in addition to and separate from the rent and other fees owed to you by the Tenant.

As a Tenant, you agree and acknowledge that your use of the Services may require you to make ongoing payments and other fees to a Lessor in connection with a Space, pursuant to the applicable Space Agreement (“Payments”). HiRise will receive as its Compensation a portion of such payments and other fees for providing the Services via the Site. With respect to such Payments, you will be asked to provide billing information (e.g., name, Employer Identification Number (EIN), business name, billing address, checking or credit card account information) to the third-party payment processor designated (and subject to change from time to time) by HiRise (“Payment Processor”). You represent and warrant that all such billing information is complete and accurate, and that you are authorized to use such account information for such Payments. You will pay such amounts to the Lessor through the Payment Processor, in accordance with this Agreement and the terms stated on the Site, and authorize the Payment Processor to collect them from you. Fees separate from the Compensation payable to HiRise will be payable to the Payment Processor for its services.

HiRise will receive its Compensation from Payments made by Tenant to Lessor under Space Agreements through the Payment Processor or through a separate written agreement between Lessor and HiRise. Lessor authorizes the Payment Processor to collect the Payments paid by the Tenant and forward them to Lessor and authorizes the Payment Processor to pay the Compensation to HiRise, unless otherwise agreed upon in writing by Lessor and HiRise. Payments to Lessor will be deposited into an account it specifies.

The use of the Payment Processor is subject to any terms and conditions made available by the Payment Processor, and you agree that you will comply with all such terms and conditions. You acknowledge that you will be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies.

HiRise does not itself collect Tenant Payments to Lessors, and does not guarantee Tenant Payments to Lessors. These functions are performed by the Payment Processor.

As a Lessor, you acknowledge and agree that in no event will the Compensation be considered or deemed to be commissions or fees for real estate brokerage services or for acting as a real estate agent on your behalf.

As a Lessor you will be responsible for (a) any and all governmental taxes and fees due on amounts received by you hereunder, including any sales tax, value-added tax, and gross receipts tax, and (b) any payment processing fees due the Payment Processor. HiRise disclaims any responsibility or liability in relation thereto.

As a Lessor you agree that you are solely responsible for determining (i) your applicable tax reporting requirements, and (ii) the taxes that should be included, and for including taxes to be collected or obligations relating to applicable taxes in your Listings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. HiRise cannot and does not offer tax-related advice to any users.

07 Insurance and Other Products and Services

As a Lessor, you acknowledge and agree that it is your sole responsibility to obtain or require Tenants to obtain insurance as to the Spaces you list, and to verify a Tenant’s insurance. HiRise disclaims any responsibility or liability in relation thereto.

If you are a Tenant, for Spaces that you rent Lessors may require certain types of insurance, including tenant premises liability insurance. It is your sole responsibility to obtain this. You may be able to apply for tenant premises liability insurance from a third-party insurance company through the HiRise website. In applying you will have to provide information about you, your company as well as billing information to such third-party insurance company. You represent and warrant that all such information is complete and accurate, and that you are authorized to use such information for such Listing-related insurance application. Your use of a third party insurance company is subject to any terms and conditions made available by such third-party insurance company and you must comply with all such terms and conditions.

HiRise may offer you the products and services of unaffiliated third party vendors or from affiliates of HiRise from time to time, such as insurers, movers, painters, furniture suppliers, and IT providers. If it does so, HiRise will offer them on an OPT IN or OPT OUT basis, as specified when offered. If you choose to OPT IN to any of the products or services so provided, you authorize HiRise to send your profile information and certain information about your Space Agreement to the applicable vendor to facilitate these products and services. HiRise may receive a fee or other compensation from the vendor for providing the referral. HiRise does not endorse any such third party vendor and disclaims responsibility for any of their products, services, actions or omissions.

08 Tenant Service

Self-service online FAQ support and email support, at support[at]hirise.com, with respect to the use of the Site and the Service are offered for the Site and the Services. No other Tenant support will be offered for the Site or the Services.

09 Registration

To use certain portions of the Services, you will be required to register with us at the “Sign Up” feature at the Site to create a HiRise account. You agree to provide and maintain true, accurate, current and complete information about yourself and/or your company during the registration process, and to update such information as needed to maintain its accuracy, completeness and currency. Once you have registered and chosen a password, you may not provide your password(s) to anyone else and must maintain the confidentiality of your password(s) used for the Services. You are solely responsible for all usage and activities under your account, whether or not you authorized such usage or activities. You will immediately notify HiRise of any unauthorized use of your account.

10 Changes
  1. HiRise may make changes to this Agreement, from time to time, in its sole discretion, to take effect on a going forward basis. Each time changes are made to this Agreement, a revised version of the Agreement will be posted on the Site and an email with a description of the material changes will be sent to you . We will also update the “Last Updated Date” at the top of this Agreement. Your continued use of the Site and/or Services following the posting of changes constitutes your acceptance of the changes. If the modified terms are not acceptable to you, your only recourse is to cease using the Site and Services. To close your account, you will need to follow the procedure described in Section 17. If you continue using the Site or the Services, or if you continue to maintain any active Space Agreement on the Site, then these activities will be governed by the modified terms. You can review the most current version of this Agreement here – please check this page from time to time for current terms of use. Your use of the Site is also subject to the other policies, disclaimers and guidelines we post on the Site from time to time.
  2. HiRise reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Site and Services (or any part thereof), with or without notice to you, on a going forward basis. You agree that HiRise will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Site or Services. If your access to the Site is terminated other than as a result of your breach of this Agreement by you, if you terminate your use as provided in Section 17 or if HiRise modifies, suspends, discontinues or terminates the Site or Services, HiRise shall provide you and any Tenant with whom you have entered into a Space Agreement prior to such termination, suspension, etc. copies of the applicable Space Agreement upon request.
11 Our Privacy Policy

The information that we obtain through your use of the Site, whether through the registration process or otherwise, is subject to the terms of our privacy policy (the “Privacy Policy”). This information may include personally identifiable information (“PII”) about you that you provide to us, that we obtain from monitoring your use of the Site, and that is included in content that is provided to us by Lessors. We may monitor electronic communications between Lessors, Tenants and prospective Tenants, collect data from these communications, and compile and use it in aggregated, anonymized form to enhance the Site and the Services and for marketing purposes. The Privacy Policy can be viewed by using a link to the Privacy Policy in the footer of the Site’s screen pages. The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. These rights may include providing your PII to the Payment Processor as it may require, in order to identify you for payment purposes and to satisfy applicable “know your customer” legal banking requirements.. Please review the Privacy Policy before you use the Site and Services, and note that we may update the Privacy Policy from time to time. If you are unwilling to accept any of the terms or conditions of the Privacy Policy, please do not use the Site or Services.

12 Access to the Site and Services

You are solely responsible for obtaining Internet access to the Site and all equipment and software necessary to use and enjoy the Site and the Services, including without limitation, acquisition of a personal computer and payment of any Internet service provider fees and telecommunication charges.

13 Content on the Site

We hereby grant you a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute Content (as defined below) retrieved from the Site and Services via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or Services or remove or obscure the copyright notice or other notices displayed within the Content. You may not reproduce, print, cache, store or distribute any Content, other than the Space Agreement to which you are a party and documents related thereto, in any way, for any commercial use without the prior written permission of HiRise or the copyright holder identified in the relevant copyright notice.

Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site may be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of HiRise’s content or under any third party’s content. Any rights not expressly granted herein are reserved. Except as otherwise expressly agreed in writing by HiRise, you may not copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, or create derivative works based on the Site or any Content (including without limitation, any software), except for User Content that you provide.

The contents of the Site (the “Content”) are intended for the limited use of our users. All right, title and interest in and to the Content (other than User Content provided by you and Listings, Space Agreements, and your trademarks, service marks, names and similar property of yours), including without limitation, to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of HiRise or such respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.

HiRise is a registered trademark, and it and the HiRise logo are trademarks of Jones Lang LaSalle IP, Inc. All rights reserved. All other trademarks and logos on the site are the property of their respective owners.

The images referenced, made accessible or made available to you on the Site or via the Services may be protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through the Services, you may need to obtain authorization of the owner(s) of such materials before using them for any purpose other than to view them through the Site. In order to obtain such authorization, please contact the image owner(s) indicated on the source site, and not HiRise. Except to the extent that HiRise is the image owner, HiRise cannot give you authorization to use the copyrighted images. If you are a Lessor, you agree that you alone are responsible for ensuring that your Listings are accurately represented in any images you submit. You alone are responsible for using these images and you warrant that you will cease to use them or any other images if they cease to accurately represent your Listing.

14 Third Parties

Portions of the Site and Services may include links to other websites or resources and information provided by others. Because HiRise has no control over such sites and resources, you acknowledge and agree that HiRise (a) is not responsible for the availability of such external sites or resources, and (b) does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external sites or resources. You further acknowledge and agree that HiRise will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such external sites or resources. You acknowledge that such external sites and third-party tools usually have their own terms and conditions, including privacy policies, over which HiRise has no control and which will govern your rights and obligations with respect to the use of such.

With regard to any third-party entities referred to or found on or through the Services or the Site, whether through links, advertisements, or otherwise, your dealings with such third parties, including your participation in promotions, purchases of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. HiRise does not make any representations or warranties with respect to any goods or websites that may be obtained from such third parties, and you agree that HiRise shall have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which HiRise has no control and which will govern your rights and obligations with respect to the use of those websites.

15 Compliance with Laws; Restrictions on Use

You agree to comply with all applicable laws, rules and restrictions regarding your use of the Site and Services (including without limitation, as applicable, all associated licenses, and approvals regarding the transmission of technology or technical data exported from the United States or the country in which you reside) and the use of the Space and the obligations under any lease, license or other agreement (including without limitation, as applicable, all zoning, access, health and safety laws and all laws relating to the collection of rent and other consideration and the holding and return of the prepaid rent or security deposits). You further agree that you will not utilize the Site or the Services to conduct, facilitate, aid or abet, or otherwise attempt any activity or transaction that is prohibited by applicable law, including without limitation, sanctions administered by OFAC.

You will not: (a) use the Site or Services in any manner that harms us or the parties with which we contract (this does not apply to the competitive nature of Listings that are permitted by this Agreement); (b) modify or re-route the Site or Services, or attempt to do so; (c) overburden, harm, limit, or disable the Site or Services, including associated networks, or otherwise impair anyone’s use of the Site or the Services.

16 User Content

HiRise may, in its sole discretion, permit you to post, upload, publish, submit and transmit Content and information (collectively, “User Content”) to the Site. By providing User Content to any portion of the Site or providing access to HiRise to your social networking profile (and picture(s), if any), you grant to HiRise a perpetual, royalty-free, revocable, worldwide, non- exclusive license (with the right to sublicense to users) to reproduce, adapt, translate, publish, publicly perform and display, distribute, create derivative works from, store, and otherwise use your User Content for any purpose (whether promotion, marketing, commercial or otherwise), on or in connection with the Site and Services. HiRise will not be liable for any third party use of your User Content. You are solely responsible for your User Content you provide. You represent and warrant that: (a) you have the right to provide your User Content and grant the licenses above; (b) you are of legal age in your jurisdiction to form a legally binding contract with HiRise and fully competent to agree to the above; and (c) neither your User Content nor your posting, uploading, publication, submission or transmittal of your User Content or HiRise’s use of your User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. HiRise does not claim any ownership rights in any of your User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content.

As discussed elsewhere in this Agreement, HiRise takes its obligations and duties requiring intellectual property rights seriously. HiRise has the right, but not the obligation, to take down any User Content in its sole discretion, or to terminate or suspend your account for reasons related to your User Content for your failure to comply with this Agreement including Sections 14 and 16 herein, whether in response to any third-party’s take-down notice or otherwise. You agree that should any third-party make any claims or threats against HiRise that would suggest that you have violated your warranties concerning your User Content, you will indemnify HiRise, and its affiliates, and their respective officers, directors, employees, and agents, for any payments it must make as a result of those claims or threats, including without limitation, settlements, judgments, and all attorneys’ fees and costs. HiRise will promptly notify you of all such claims and threats and HiRise will not settle any such claims or threats in a way that imposes any liability upon you without your prior written approval. You will have the right to defend such claims and threats using counsel of your choice (subject to HiRise’s approval, not to be unreasonably withheld, conditioned or delayed). You further agree that HiRise will not be liable to you in any way and that you will not seek either monetary or injunctive relief for HiRise removing the User Content, or, in its sole discretion, terminating or suspending your account, regardless of whether you incur costs or damages due to such actions.

You agree that you will not use the Services to post, upload, publish, submit or transmit any content that: (a) is defamatory, obscene, pornographic, vulgar or offensive; (b) promotes racism, bigotry, hatred or physical harm of any kind; (c) harasses or advocates harassment of another person; (d) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming”; (e) is false, misleading, or deceptive; (f) promotes, copies, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright, trademark, trade secret or other intellectual property law; (g) is involved in the exploitation of minors, or solicits personal information from such persons; (h) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (i) violates the intellectual property rights or other rights of any third-party; (j) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (k) otherwise violates this Agreement or imposes liability on us to third parties.

HiRise has the right, but not the obligation, to preview, review, screen, flag, filter, edit, refuse, or remove any or all User Content either by itself, through third parties, or via its community of users, based on its own judgment as to the best interests of the Site, the Services and all users.

You may find some content, including User Content, on the Site and viewed through the Services to be offensive or objectionable, and you use the Site and Services at your sole risk.

17 Prohibited Uses of the Site

In connection with your use of the Site and the Services, you may not :

• send automated queries of any kind to the Site without the express, advance, written permission of HiRise, which includes, among other things: using any software that sends queries to the Site to determine how a website or web page “ranks” for various queries, “meta-searching,” and performing “offline” searches on the Site;

  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content, except for legitimate search engine activities;
  • use the Site, Services or Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to permitted Listings;
  • systematically retrieve data or other content from the Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Services or Content, or any individual element within them, HiRise’s name, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services;
  • access, tamper with, or use non-public areas of the Site or Services, the HiRise computer systems, or the technical delivery systems of our providers;
  • attempt to probe, scan, or test the vulnerability of any HiRise system or network or breach any security or authentication measures; or
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by HiRise or any of our providers or any other third party (including another user) to protect the Site, Services or Content;
18 Termination of Your Access to the Services

HiRise may, in its sole discretion, terminate or suspend your access to the Site or any of the Services for any reason, including without limitation, for lack of use or if HiRise believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination or suspension of your access to the Services may be effected without prior notice, and acknowledge and agree that HiRise may bar any further access to such files or the Services. Further, you agree that HiRise shall not be liable to you or to any third party for the discontinuation, termination, or suspension of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages. If HiRise terminates or suspends your access to the Site or any of the Services, HiRise shall immediately or as reasonably as possible remove your User Content from the Site, and cease to represent that HiRise provides Services to you.

You may cease using the Site or Services or close your HiRise account at any time. In such event, if you notify HiRise, HiRise will as soon as reasonably possible remove your User Content from the Site and cease to represent that HiRise provides Services to you. If we terminate your account, or if you choose to close your account, you must first terminate all pending Listings (if you are a Lessor) and remove all active Space Agreements from the Site. If you do not do this, then your account will remain open for so long as such Space Agreements and pending transactions are active. You may close your account by requesting this at support[at]hirise.com.

19 Disclaimers

BY USING THE SITE AND THE SERVICES, YOU UNDERSTAND AND AGREE THAT:

  1. (A)  NO CONTENT ON THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. HIRISE AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES, OR MATERIAL ON THE SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER CONTENT ON THE SITE.
  2. (B)  YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES

ARE PROVIDED ON AN “AS IS” AND “AS A V AILABLE” BASIS. HIRISE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(C) HIRISE TRIES TO KEEP THE SERVICES SECURE AND FUNCTIONING PROPERLY BUT CANNOT GUARANTEE THE CONTINUOUS OPERATION OF OR ACCESS TO THE SITE AND SERVICES. THE SITE’S FUNCTIONALITY MAY BE SUBJECT TO DELAYS BEYOND HIRISE’S CONTROL. HIRISE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES (INCLUDING ANY SPACE AGREEMENTS) WILL MEET YOUR REQUIREMENTS OR COMPLY WITH APPLICABLE LAW, CUSTOM OR PRACTICE, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE, TIMELY, USEFUL, OR RELIABLE, OR THAT THE QUALITY OF ANY LISTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER CONTENT OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS.

  1. (D)  ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
  2. (E)  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
20 Waiver and Indemnity

In addition to your agreement to indemnify HiRise and its affiliates, and their respective officers, directors, employees, and agents regarding User Content as described in Section 15 above, you agree to release, indemnify, defend, and hold HiRise and its affiliates, and their respective officers, directors, employees, and agents harmless from and against any actions, claims, liabilities, losses, damages, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating in any way to (a) your access to and use of the Site or the Services (including, without limitation, your User Content and interactions with any other party), (b) your failure to comply with all covenants by you under this Agreement or violation of the rights of any third party, (c) if you are a Lessor, any claim brought by a Tenant or any other party in relation to any Space Agreement, license, lease or other agreement relating to the use, rental, or occupancy of any Space listed by you (for the purposes of this section, each an “agreement”) entered into by you or any decision not to enter into any such agreement with respect to any Space listed by you, including but not limited to any claim that information provided by you is insufficient or misleading, any breach of any covenant to be performed under such agreement, any failure by you to comply with all requirements of law under such agreement or any claim arising from any action (discriminatory or otherwise) in electing not to enter into an agreement, and (d) any claim brought by any person, including a lessor, in relation to your authority to enter into Space Agreements or to perform your obligations under the Space Agreements. The foregoing waiver and indemnification will not apply to any breach by HiRise of its obligations to you pursuant to this Agreement, including but not limited to any failure by HiRise to produce or preserve final documentation of Space Agreements signed by you and Tenants as provided in this Agreement.

21 Limitation of Liability

YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE SERVICES AND ANY CONTENT, AND ANY TRANSACTION BETWEEN A LESSOR AND A TENANT, REMAINS WITH YOU. ACCORDINGLY, AND EXCEPT FOR EXPRESS COMMITMENTS HIRISE MAKES IN THIS AGREEMENT, HIRISE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS, AND/OR WEB SITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (E) RELIANCE ON CONTENT OR LISTINGS ON OUR SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT HIRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND

NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY .

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THAT CASE HIRISE’S LIABILITY WILL BE LIMITED AS PROVIDED IN THE FOLLOWING PARAGRAPH OR (IF APPLICABLE LAW MANDATES GREATER LIABILITY FOR SUCH DAMAGES) TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL HIRISE’S AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND THE SERVICES (INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTINGS OR RENTALS OF ANY SPACE USING THE SITE OR THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE SITE OR SERVICES), EXCEED (A) IF YOU ARE A TENANT, THE GREATER OF US$500 OR THE AMOUNTS PAID TO HIRISE AS COMPENSATION UNDER THE APPLICABLE SPACE AGREEMENT IN WHICH THE LIABILITY ARISES, IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) IF YOU ARE A LESSOR: (1) FOR LIABILITY ARISING FROM A PARTICULAR LISTING OR A SPACE AGREEMENT, THE AMOUNTS PAID TO HIRISE AS COMPENSATION WITH RESPECT TO THE LISTING OR SPACE AGREEMENT UNDER WHICH THE LIABILITY ARISES IN THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, AND (2) FOR LIABILITY NOT ARISING FROM A PARTICULAR LISTING OR SPACE AGREEMENT, THE AMOUNT OF US$500. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HIRISE AND YOU.

BY USING THE SITE AND SERVICE, YOU ACKNOWLEDGE AND AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ANY ACTIONS OR OMISSION OF ANY OTHER USER OR ANY THIRD PARTY WILL BE LIMITED TO A CLAIM AGAINST SUCH PARTICULAR USER OR OTHER THIRD PARTY. YOU HEREBY ACKNOWLEDGE AND AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, NOR SEEK ANY LEGAL REMEDY FROM, HIRISE WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.

22 No Other Agreements Between Us; No Third-Party Beneficiaries

With the exception of the Privacy Policy, this Agreement constitutes the entire agreement between you and HiRise for governing your use of the Site and the Services, and supersedes any prior agreements between you and HiRise for that purpose, including any membership agreements or other similar agreements applying to the Site and the Services.

This Agreement is only between you and HiRise, and is not for the benefit of any other person (except for permitted successors and assigns under this Agreement).

23 Governing Law and Venue

This Agreement and the relationship between you and HiRise are governed by the laws of the

State of Illinois, without regard to its conflict of law provisions. With respect to any claim or dispute other than those covered by Section 23 below (Agreement to Arbitrate), you and we agree and consent to irrevocably submit to the personal and exclusive jurisdiction of the courts located within the county of Cook County, Illinois. Notwithstanding the foregoing, HiRise may seek equitable and injunctive relief in any court of competent jurisdiction.

24 Agreement to Arbitrate

Except for claims by HiRise (a) to protect its intellectual property and confidential information or (b) for equitable and injunctive relief, you and we each agree that any and all disputes or claims that have arisen or may arise between you and HiRise relating in any way to or arising out of this or previous versions of this Agreement or your use of or access to the Services will be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. (a)  Prohibition of Class and Representative Actions and Non-Individualized ReliefYOU AND HIRISE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HIRISE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
  2. (b)  Arbitration ProceduresArbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis and should apply the terms of this Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 23(a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), will be for a court of competent jurisdiction to decide.The arbitration will be conducted by JAMS under its rules and procedures, including JAMS’ Comprehensive Arbitration Rules and Procedures (as applicable), as modified by this Agreement to Arbitrate. JAMS’ rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement.You or HiRise may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the JAMS’ site at www.jamsadr.com. In addition to filing this form with JAMS in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to HiRise at the following address: HiRise, 200 E. Randolph Drive, Chicago, IL

60601. In the event HiRise initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your HiRise account. Any settlement offer made by you or HiRise may not be disclosed to the arbitrator.

The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or HiRise may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and HiRise subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or HiRise may attend by telephone, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same HiRise user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by JAMS’ rules, unless otherwise stated in this Agreement to Arbitrate.

(c) Severability

With the exception of any of the provisions in Section 23(a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 23(a) of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.

(d) Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against HiRise prior to the effective date of the amendment. The amendment will apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and HiRise. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.HiRise.com at least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may close your account within this 30 day period and you will not be bound by the amended terms.

25 Severability of this Agreement

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

26 Limitation of Actions Brought Against HiRise

You agree that any claim or cause of action arising out of your use of the Site, the Services, or this Agreement must be filed within one (1) year after such claim or cause of action arose, or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by HiRise or you to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

27 Notice for California Users

Pursuant to California Civil Code Section 1789.3, users of the Site and Services who are California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

28 Contact Information

If you have any questions or concerns with respect to this Agreement, the Site or the Services, you may contact a representative of HiRise by email at support[at]hirise.com or by mail at HiRise, 1801 K Street NW, Suite 1000, Attn: HiRise, Washington, DC 20006.

29 Intellectual Property Violations; Infringement Policy

HiRise takes intellectual property issues seriously and has a policy to respond to notices of alleged infringement that comply with applicable international intellectual property law (including the U.S. Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. Our policy is set forth below. Please note that all notices and transmissions under such policy that are not relevant or are not in accordance with law will not receive any response.

30 Infringement Policy – Effective January 2016

It is the policy of HiRise to respond to clear and adequate notices of alleged copyright and trademark infringement. Regardless of whether HiRise would be found to be liable for such copyright or trademark infringement under United States law or the laws of the applicable country, we may respond to allegations of such infringement by removing or disabling access to content that is claimed to be infringing or by terminating particular subscribers’ ability to access the HiRise website and services. In the event that we terminate access to the HiRise website or remove Content in response to such a notice, we will make a good-faith effort to contact the site or content owners or administrators in order to permit them to make a counter-notification.

Please note that, in the event you materially misrepresent that a particular material or activity is infringing your copyright or trademark, you will be liable for all damages incurred (including costs and attorneys’ fees) as a result of such material misrepresentation. Accordingly, we suggest that you contact an attorney before notifying HiRise of alleged infringement if you are not certain whether particular content is infringing your copyright or trademark.

31 Infringement Notice

If you believe that your copyright or trademark is being infringed on the HiRise website, please send us a written notice that must include the following information:

  1. an identification of the copyrighted or trademarked work that you believe has been infringed;
  2. an identification of the allegedly infringing content within the work listed in item #1 above, and sufficient information to permit HiRise to identify it on the website (including, but not limited to, the web address of the site that you allege contains the infringing material);
  3. a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
  4. a statement by you that you swear and attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owners’ behalf of an exclusive right that is allegedly infringed; and
  5. your signature (in either electronic or physical form), along with your name, address, telephone number and, if available, email address.
32 Counter-Notice

If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice for HiRise to consider in accordance with applicable laws. Such counter-notice must include the following information:

  1. an identification of the work that was removed or disabled and the location (such as a web address) of the website on which it would have been found prior to its removal;
  2. a statement by you that you swear and attest, under penalty of perjury, that you have a good faith belief that the search result and/or content was removed or disabled as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademarked work;
  3. a statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located, if you live in the United States; or (b) any judicial district in which HiRise is located, if you live outside of the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to HiRise, or an agent of such person; and
  4. your signature, in either electronic or physical form, along with your name, address telephone number and, if available, email address.

It is our policy to respond to all adequate notices we receive and to comply with the provisions of applicable law. HiRise reserves the right, in its sole discretion, to remove any content that is alleged to infringe any copyright or trademark without prior notice and to terminate the account

of any user who HiRise has determined to be a repeat infringer. As described in Section 15 above, you agree that HiRise will not be liable to you in any way for any removal of User Content or termination or suspension of your account.

Please send or email all infringement notices and counter-notices to the following address: HiRise, 200 E. Randolph Drive, Chicago, IL 60601 and abuse[at]hirise.com.

Note: The above addresses are provided exclusively for notifying us that your copyrighted or trademarked material may have been infringed. Inquiries regarding any other topics, such as technical support requests, reports concerning email abuse, and reports of instances of piracy, will not receive a response through this process.