Table of Contents
Anyone who believes that his or her work has been reproduced in the App in a manner which constitutes copyright infringement may submit a notification to Meyers’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the App;
- information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
Notices of copyright infringement claims should be sent by mail to: Meyers Research LLC, Attn: Copyright Agent, 151 South El Camino Drive, Beverly Hills, CA 90212; or by email to email@example.com. Meyers will respond expeditiously to claims of copyright infringement using the Meyers iPad application or the Meyers website that are reported to Meyers’ copyright agent in the notification explained above. It is Meyers’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
If you believe that your content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your content, you may send a counter-notice containing the following information to Meyers’s Copyright Agent: (a) your physical or electronic signature (with your full legal name), (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled, (c) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content, and (d) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If a counter-notice is received by Meyers’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at Meyers’s sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
Effective Date: October 15, 2018
Information We Collect And How We Collect It
We collect information:
- when you provide it to us directly (for example, when you register your account (“User Account”) in order to use the App or when you sign up for our newsletter through the Site);
- when you use our Services (for example, we collect technical data like device information and IP address which we call “Log Data” and we collect “User Activity Data,” like which properties you view through the App); and
- from third parties (for example, your employer or contact vendors/providers).
The information we collect from and about you generally falls into the following categories:
- information that taken alone (by itself) identifies you and that can be used to contact you, on-line or offline (“User Information”), which may include, for example, your name; email address; and telephone number;
- information about you that cannot be used, alone, to identify you, which may include, for example, demographic information including zip code or professional information including company name and job title; and
- information about your use of our Services, which may include, for example, what properties you view using the App (“User Activity Data”), and your internet connection, your computer or mobile device and software you use to access our Services, including Internet Protocol (IP) address or other device identifiers (“Log Data”).
Information You Provide To Us.
You may also provide us User Information that we use to contact you when you correspond with us or report a problem with our Services or when you subscribe to services through the Site, such as downloading white papers.
We do not collect User Information except when you provide it directly to us, but we may tie your User Information with automatically collected information using the tools described below or information collected from other sources (like your employer).
We Collect Some Information Automatically, As You Use The Services.
We use technologies to automatically collect and analyze information generated while you use our Services.
Log Data. When you use our Services, our technology automatically records information from your device. Log Data may include information such as your IP address, browser type, operating system, your location, your mobile carrier, device, the existence of cookies, or your search preferences. This Log Data is created when you interact with our Services, for example, when you sign into our Services, or interact with our email notifications. Log Data helps us provide our Services and to measure, customize, and improve them.
User Activity Data. When you use the App, in addition to collecting Log Data specific to your mobile device (“Mobile Log Data”), like your mobile device model, your operating system, your device ID, we also collect information about how you use the App, such as whether you are logged in or not, what search queries you run and what properties you are viewing. We need this information in order to analyze how you interact with our Services so we can improve our Services and the ads we may show you. This information is associated with your User Account so that you can see what properties you have viewed and what searches you have run in the past. We also use this information in order to analyze how you interact with our Services so we can improve our Services and the ads we may show you.
Location Data. When you provide geographical location information (such as a ZIP code or street address) during the registration process or at other times in your account settings, we will store that information and associate it with your User Account. We will use your ZIP code and/or street address to tailor our Services to you like housing and economic details for your zip code or locating new sites near you.
When you first use the App, you will also have the option to opt in to share your device location data with us. After you allow this feature, we will automatically collect location data directly from your device. Your mobile device may provide you with settings and tools to turn off or choose whether and how to share your location data. If you have enabled device location sharing, we will use this information to tailor our Services to you, like locating new sites near your device location.
Cookies. Cookies are small data files that are sent to your browser or related software and stored on your device’s hard drive.
- We use “session” cookies to keep you logged in while you use our Services, to track your preferences and to track trends and monitor usage and web traffic information on our Services. These are erased when you log out of the App or close your browser.
- We use “persistent” cookies to relate your use of our Services to other information about you and store information about your preferences to make your user experience consistent and customized. For example, we may create a persistent cookie that includes some basic information about you, like your favorite site locations and whether customer support responded to your inquiry. These cookies stay on your hard drive or mobile device, as applicable, until you erase them or they expire and associate your information with your account even if you are logged out.
Flash Cookies. Certain features of our Services may use local shared objects (or “flash cookies”). Flash cookies are small files similar to browser cookies that collect and store information about your preferences and where you browse and what you look at on or through our Services. Flash cookies are not managed by the same browser or device settings that are used for browser cookies. You may adjust your Adobe Flash Player settings to prevent flash cookies from being placed on your hard drive.
Web Beacons. We may use “clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies, in our Services or in our communications with you to enable us to know whether you have visited a part of our Service or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a website or in an email or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a website or message.
Additional Information About You that We Obtain From Third Parties.
We may obtain information about you from third parties and use it to help us and our service providers provide better services. For example, your employer may provide information about you to authorize your use.
How We Use Your Information
By using the Services and submitting your information, you consent to the collection and use of such information by Meyers, its affiliates and service providers as disclosed herein. To provide our Services, Meyers, its affiliates and service provides may access and use information we collect:
- to operate our Services and present its contents to you;
- to communicate with you or provide you notices;
- to improve our Services and develop new features and services;
- to customize your experience and our advertising, including advertisements provided by third parties;
- to keep you connected with Meyers and update you with real estate research and analysis;
- to conduct research and understand the behavior and preferences of our users, including compiling statistical information on use of features such as the “My Survey” section;
- to troubleshoot technical problems and ensure proper functioning of the Services;
- to protect Meyers, our software and Services and our users, including identifying, contacting or bringing legal action against persons or entities who may be violating your rights, our rights or the rights of others; and
- in any other way we may describe when you provide the information or for any other purpose with your
In some, but not all, circumstances, at the time you submit User Information, we may provide you with the opportunity to opt out of some uses or disclosures of such information.
User Stored Information
How We Share Your Information
Other Information. In order to provide and improve our Services, we use and disclose to our service providers other information that we collect, including cookie data, Log Data, and Mobile Log Data. In order to share relevant ads with you, we may use and disclose such information to our advertising partners. We may share aggregated information with third-parties.
Do Not Track. Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. Meyers and the Services do not recognize DNT.
Merger, Sale or Other Change of Ownership Transaction. Information about our users and our Services is a business asset of Meyers. In the event that Meyers or all or substantially all of its stock or assets are acquired by one or more third parties as a result of an acquisition, change of ownership, merger, sale, reorganization, consolidation or liquidation, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, your information may be one of the transferred assets.
Choices About How We Use And Share Your Information
We have mechanisms to provide you with the following control over the information you provide to us and others.
Promotional Emails from Meyers and its Affiliates. When you register, you can opt in to get newsletters and promotional emails from Meyers and our affiliates. If you do not wish to have your email address used by Meyers or our affiliates to promote our products or services, you can opt out through the link in the email or by sending us an email stating your request to firstname.lastname@example.org.
Disclosure of Your Information for Third-Party Advertising. If we share User Information with third parties for advertising purposes, then we will provide you the ability to opt out or you can always opt out by sending us an email stating your request to email@example.com.
Targeted Advertising. If we use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, then we will provide you the ability to opt out or you can always opt out by sending us an email stating your request to firstname.lastname@example.org.
Third-Party Ad Services. We may use third-party ad services to deliver ads to you on our Services. These third-party ad servers may collect and use information about your visits to our Services in order to present interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can find more information about this practice or opt out of receiving targeted ads from members of the Network Advertising Initiative on the its website at http://www.networkadvertising.org/optout_nonppii.asp or the Digital Advertising Alliance at http://optout.aboutads.info/.
Accessing and Correcting Your User Information. You may review your User Information at any time by logging on to the App and navigating to “My Profile.” You may correct, or update your personally identifiable information at any time by sending us an email stating your request to email@example.com.
Children under 13. We do not knowingly collect or store any personal information about persons under the age of 13. Our Services are not designed to attract the attention of persons under the age of 13. No information should be submitted to, or posted at, our Services by visitors under the age of 13. If Meyers becomes aware that it has collected personal information from someone under the age of 13, we will delete such information. If you believe a child under the age of 13 is using the Services without parental consent, please contact us at firstname.lastname@example.org.
California Residents: Your Privacy Rights. California residents may choose to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes or choose to opt out of such disclosure. Our policy is not to disclose personal information collected online to a third party for directing marketing without your approval. To make a request or to opt out at any time, please contact us at email@example.com or the other contact information provided below.
Security. We endeavor to protect the security and integrity of the information you provide to us. We will take steps to protect all information we collect and to ensure reasonable security safeguards. However, we cannot absolutely guarantee the protection of any information shared with us.
Storage. Your information will be processed and stored in databases hosted by Rackspace US, Inc. (“Rackspace”). Rackspace stores data on computer systems located in controlled facilities with limited access. You can find more information about Rackspace’s security at http://www.rackspace.com. We cannot guarantee that your information will not be accessed, disclosed, altered, or destroyed by breach of any of our or Rackspace’s physical, electronic or procedural safeguards. We cannot assume responsibility or liability for unauthorized access to Rackspace’s servers or systems.
The Confidentiality of Your Account Information Is Your Responsibility. The safety of your information also depends on you. You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. You should use a strong password that you do not use with other services. We are not responsible for personally identifiable information or data transmitted to a third party as a result of an incorrect email address. If you believe your password has been compromised, please change your password immediately on the App sign-in screen or contact us at firstname.lastname@example.org for assistance.
Terms And Conditions Of Use
Effective Date: October 15, 2018
1. App. The App is available to you if you are either employed full time, engaged as an independent contractor, by an entity (“Client”), in each case, whereby Client has entered into a subscription agreement with Meyers for use of the App and has designated you as an authorized user of the App. To register an account on the App, you must be able to form legally binding contracts (for example, you cannot use the App if you are under eighteen (18) years of age or at least the age of majority in your jurisdiction). You may register an account (your “User Account”) by completing the registration process on the App by using the authorization code given to you by Meyers. If you do not receive an authorization code, please contact Meyers at email@example.com. You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account name/number provided by you or Meyers for accessing the App. Your registration is for your use only. You agree not to lease, assign, sell, transfer, rent, share or provide access to, directly or indirectly, your User Account or password with anyone else. You are solely and fully responsible for all activities that occur under your password or account. Meyers has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will cease all use and contact Meyers immediately by emailing us at firstname.lastname@example.org.
4. Restrictions. The license(s) granted in Section 3 does not grant you the right to, and you hereby agree not to, do the following:
a. access or use the App unless you are using the user account assigned to you by Meyers and the Client;
c. impair the proper operation of the network or try to harm the Services in any way whatsoever;
d. modify or copy the Services, except as necessary to view, save, print, fax, or e-mail such information in accordance with the terms of the license granted in Section 3;
e. distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner;
f. duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;
g. use the Services to advertise, solicit or transmit commercial advertisements, including “spam”;
h. use the Services to cause nuisance, annoyance or inconvenience
i. generate automated queries (including screen and database scraping, spiders, robots, crawlers, and any other automated activity);
j. remove any copyright, trademark or other proprietary notations from the Services;
k. use any trademarks, trade names, slogan, logos, images, and service marks displayed on or through the Services without prior written permission from Meyers or its licensors;
l. use the Services as a factor in establishing an individual’s eligibility for credit, insurance or employment, or in connection with a determination of an individual’s eligibility for a license, or in connection with underwriting individual insurance, or in any way that would cause the Services to constitute a “consumer report” under applicable law;
m. use the Services to determine official legal eligibility of any individual or resident of a particular structure to attend any particular school or school system;
n. use the Services to create, replace, combine with, supplement or enhance any title, legal vesting, ownership or encumbrance report, or for use in any governmental or legal proceeding or in conjunction with any application for a permit, variance, zoning change, use restriction or similar purpose;
o. use the Services for illegal, harassing, unethical, or disruptive purposes;
p. use the Services for any purpose where the Services are relied upon by any person other than you or, if applicable, the Client; or
5. Use of the App. You are responsible for providing the mobile device, wireless service plan, Internet connections and/or other equipment or services that you need to download, install and use the App or the Services. We do not guarantee that the App or the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or the Services will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the App (“Push Messages”). You acknowledge that, when you use the App or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App or the Services, including your receipt of Push Messages from Meyers. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App or the Services on your mobile device, including for your receipt of Push Messages from Meyers.
6. Your Content License Grant. As a condition of your use of the Services, you hereby grant to Meyers a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, and display any content that you upload, publish, submit or transmit to be made available through the Services (“Your Content”) solely in order for Meyers to provide the Services to you. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services, by you or any third party. We reserve the right to remove any content, material, or submission for any reason, including if we determine in our sole discretion violates any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Services.
10. Data and Intellectual Property Ownership. You hereby agree and acknowledge that, as between Meyers and you, Meyers owns, solely and exclusively, all right, title and interest in and to the Services. All software (including source code), logos, icons, the Services’ “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Meyers.
11. Feedback; Revisions Ownership. Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Meyers by you (collectively “Feedback”) and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Meyers or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Meyers. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Meyers and Meyers may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Meyers any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.
12. Copyright Policy. Meyers has adopted and implemented a copyright policy in accordance with the Digital Millennium Copyright Act. For more information, please read our copyright policy at http://meyersresearch.wpengine.com/legal/.
13. Limiting Conditions; Projections and Opinions. The content, information and materials on the Services are intended to be a general information resource in regard to the subject matter covered, but are provided solely on an “as is” and “as available” basis as noted below. The information contained in the Services involves the assembly of many data elements and is subject to human error. All ratings, estimates, forecasts and projections are only statements of Meyers’ opinion and not statements of fact. The information available through the Services is provided only to give you a basic understanding of the homebuilding markets and is not intended to provide specific investment advice for you, and should not be relied upon in that regard. You take full responsibility for what you do with the Services, including your actions and evaluations, including development plans and investment decisions, without liability of any kind to Meyers. Meyers does not act as a real estate broker, agent or financial advisor for you or any other user. No statement in the Services is to be construed as investment advice or a recommendation regarding the purchase, lease, rental or sale of any properties. Any projections or opinions regarding the past, current or future state of the real estate market included in the Services merely present the view of Meyers as of the date they were prepared. Meyers has no obligation to update them. Events and circumstances may occur and change Meyers’ view or affect the actual results. The actual results will usually vary from the forecast and the variation may be material.
14. Disclaimer. The Services are provided “as is,” “as available.” Meyers make no representations or warranties, express or implied, and hereby disclaims all warranties, including without limitation, any warranty for accuracy, completeness, likely results, reliability, information, data, data processing, uptime or uninterrupted or error-free access and any implied warranties or conditions of merchantability, quality, fitness for a particular purpose or use, title, non-infringement, or other violations of rights. Meyers does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your mobile device on account of your downloading or access to or use of the Services. Meyers does not represent or imply any performance level or guarantee in relation to the reports, data and materials available through the Services nor does Meyers make any claim that the use of the reports, data or materials available through the Services will result in a profit or prevent any loss for a user or that use of this Site will achieve any particular result.
18. Viruses and Hacking. You are prohibited from introducing viruses, Trojans, worms, logic bombs, or other material which could be malicious or harmful. You must not attempt to gain unauthorized access to any portion or feature of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services by hacking, password “mining” or any other illegitimate means. You must not attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
19. Third Party Links and Websites. The Services may include links to third party websites. These links are provided only as a convenience to you. Your use of any such linked website is at your own risk and Meyers will not have any liability in connection with your access to any third-party website or content. The linked websites are not reviewed, controlled, examined, sponsored, or endorsed by Meyers and Meyers is not responsible for the information, advertising, products, resources or other material, of any linked website or any link contained in a linked website. The inclusion of any link does not imply endorsement of the owner/sponsor of the website or of the content of the Site by Meyers.
20. Dispute Resolution and Governing Law.
a. Informal Process First. You agree that in the event of any dispute between you and Meyers, you will first contact Meyers and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
c. Arbitration Procedures. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Meyers Research LLC, Attn: Customer Support, 151 S El Camino Drive, Beverly Hills, CA 90212. The arbitration shall be held before one arbitrator pursuant to the then-applicable rules of the Judicial Arbitration and Mediation Services (or its successor, “JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The exclusive place of arbitration shall be Los Angeles County, California. The fees and expenses of such arbitration (including reasonable attorneys’ fees) or any action to enforce an arbitration award shall be paid by the party that does not prevail in such arbitration.
This section provides that all disputes between you and Meyers will be resolved by binding arbitration. You understand that you give up your right to sue in court to assert or defend your rights. Your rights will be determined by neutral arbitrators and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Services, you consent to arbitration and restriction of your right to sue.
d. CLASS ACTION WAIVER. You and Meyers agree that any arbitration shall be limited to the Dispute between Meyers and you individually. To the full extent permitted by law: (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. If this class action waiver is found to be unenforceable, then the entirety of this Section 20, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Meyers each waive any right to a jury trial.
f. Opt-Out. If you do not want to arbitrate disputes with Meyers and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access or use the Services.
a. Export Restrictions. You agree not to export or re-export any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable U.S. export laws, rules and regulations. In particular, but without limitation, the Services may not be exported or re-exported (i) into any U.S.-embargoed countries or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you hereby represent and warrant that you are not located in any such country or on any such list.
f. No Waiver. Meyers’ delay or failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or other breaches.
Any questions, complaints or claims that you may have in relation to the App should be made by mail:
Meyers Research LLC
Attn: Customer Support
151 S El Camino Drive
Beverly Hills, CA 90212
Phone: (714) 619-7800