Please read the following terms and conditions of use (these Terms) carefully before using this web site. These terms govern your use of this web site and are binding between you and Tishman Speyer.
1. Purpose of this Site
This web site (this Site) is made available to you solely for informational, noncommercial use; nothing herein constitutes an offer to sell, lease or provide any goods or services.
2. Information Relating to Employment Opportunities
3. Acceptance of Terms
Your use of this Site constitutes your full legal acceptance of each of these Terms, both in your individual capacity and as an employee and agent of your employer. You acknowledge that your use of this Site binds you to these Terms to the same extent as if you and a duly authorized representative of your employer had signed this agreement. If either you and/or your employer (collectively or individually, you) do not agree to these Terms, do not use this Site.
4. Limited Authorization to Use Protected Material
Tishman Speyer grants you permission to display, download and reproduce information posted on this Site, (the Information) subject to your agreement to abide by these Terms: You may display, download and reproduce the Information solely for non-commercial or business purposes within your organization, and you must retain and reproduce each copyright notice or other proprietary rights notice contained in any of the Information you display, download or reproduce. With the exception of the foregoing limited authorization, you are not granted any license to or right in connection with this Site.
This Site may contain or reference trademarks, patents, trade secrets, technologies, products, logos, processes or other proprietary rights (the Intellectual Property). The Intellectual Property is the property of its respective owner, which may be Tishman Speyer and/or other parties. Except as otherwise expressly stated herein, you are not granted any license to use, or right in, the Intellectual Property. Non-compliance, to any degree, with these Terms, constitutes a material breach of these Terms and immediate forfeiture of the above limited authorization.
5. Accuracy; Limitation of Liability and Exclusion of Warranties
Tishman Speyer makes reasonable efforts to ensure that the Information is accurate and up to date. Nevertheless, your use and browsing of this Site is exclusively at your own risk.
Tishman Speyer makes no warranties, express or implied, with respect to the use of this Site or the Information. Tishman Speyer expressly disclaims any express or implied warranty of accuracy or quality and any implied warranty of merchantability, fitness for a particular purpose or non-infringement, and assumes no liability for any errors and/or omissions in the Information.
Tishman Speyer also expressly disclaims any liability for any damage to or viruses that may infect your computer equipment or other property as you access or browse this Site or download material from this Site.
Under no circumstances shall Tishman Speyer be liable for any indirect, incidental, special, consequential or punitive damages whether in an action in contract or tort (including negligence and strict liability) resulting from its performance or any failure to perform under these Terms, even if Tishman Speyer has been advised of the possibility of such damages. Tishman Speyer’s sole liability hereunder shall never exceed $500.00.
6. Non-proprietary Treatment of Information You Provide
Any communication you make with Tishman Speyer via this Site will be treated as non-proprietary. Tishman Speyer is free to use any idea, concept or invention created by you and transmitted to it via this Site, notwithstanding any limiting language you may use when transmitting such information. If you do not want Tishman Speyer to use your idea unless it pays you a fee, or agrees to other terms, do not transmit it to Tishman Speyer via this Site.
8. Links to Third Party Sites
This Site may contain links to other web sites or frame information from other web sites that are not under the control of Tishman Speyer. Tishman Speyer is providing these links and/or frames to you only as a convenience.
Tishman Speyer makes no endorsements, warranties or representations of any kind whatsoever regarding those web sites, including the products, software, materials, services, content or accuracy or appropriateness of content on such linked web sites. Your decision to access any such other web sites shall be entirely at your own risk and discretion. In particular, please note that the policies of other sites linked to the Tishman Speyer site may be materially different than these Terms, including with respect to the use and collection of personal information.
No permission is hereby granted to you to link from any other web site to any portion of this Site, or to frame any content contained on this Site without Tishman Speyer’s prior written permission.
9. Intended Audience; Local Laws; Dispute Resolution
This Site and the services described on this Site are intended for adult individuals only. Tishman Speyer does not collect any personally identifiable information about children under the age of 18.
This Site is controlled by Tishman Speyer from its offices within the State of New York, United States. This Site can be accessed from all states in the United States, as well as from other countries. Each of these jurisdictions has laws that may differ from those of the State of New York. By accessing this Site, you agree that all matters relating to access to, or use of, this Site or any other linked web site, shall be governed by the applicable laws of the State of New York and the laws of the United States of America, without regard to the conflicts of laws principles thereof. You also agree, and by using this Site hereby submit, to the exclusive personal jurisdiction and venue of the courts of the State of New York relating to any dispute arising out of your use of this Site.
Your use of this Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree that you shall not visit or use this Site in any such circumstances. You agree and acknowledge that your use of this Site, and all transactions occurring in connection with this Site, shall be deemed to have occurred and taken place solely in the State of New York, United States.
10. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Tishman Speyer reserves the right to modify and add to these Terms at any time without prior notice by posting the new terms and conditions on this Site. You should periodically review these Terms for updates. Use of the Site after such posting of any modifications or additions shall constitute your acceptance of the new terms as indicated above.
If Tishman Speyer, in its sole discretion, determines that a violation of these Terms has occurred, Tishman Speyer may pursue any of its legal remedies. However, the failure of Tishman Speyer to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms contain the entire agreement between you and Tishman Speyer relating to the subject matter hereof, and supersede any prior understanding or agreements regarding the subject matter hereof.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Tishman Speyer is committed to providing the best possible experience for users of this Site. If you observe material or behavior that may violate these Terms, or material that you believe may be infringing another’s rights, please contact Web Master, Tishman Speyer, 45 Rockefeller Center, New York, New York 10011.
February 5, 2013