Legal

Table of Contents

 

Copyright Policy

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:

  1. identification of the copyrighted work that is claimed to be infringed;
  2. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the App;
  3. information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
  4. 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;
  5. 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
  6. 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 copyright@meyersresearchllc.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.

 

Privacy Policy

Effective Date: December 31, 2019

This Privacy Policy describes our practices related to the collection and use of personal information utilized by the websites operated by Meyers Research/Metrostudy and its divisions and affiliates (“Meyers Research/Metrostudy”) at which this Privacy Policy is posted (the “Sites”), as well as other personal information we collected from and about you in other contexts. Regarding our online collection, we note that some of the Sites may include features that do not appear on other Sites, and you should see the applicable terms of each Site for the specific policies for each Site. With respect to our online collection of personal information, this Policy applies only to the Sites and not to any third party websites that may be accessible from any Site. This Policy also describes Meyers Research/Metrostudy’s offline personal information collection and use practices, and the practices it employs when collecting personal information online through means other than these Sites (for example, if you send us an e-mail message).

Please be sure to read this Privacy Policy before using any Site or submitting information through a Site. This Privacy Policy is current as of the Effective Data above but may change from time to time, so please check this area periodically for updates. If we make any substantive changes to this Policy, we will announce it on our Sites and, if you have provided us with contact information, we will also send you a notice to the e-mail or physical address we have on file for you. Once the changes have been made, your continued use of any of the Sites will constitute your acceptance of the revised Policy.

CALIFORNIA RESIDENTS can learn more about the personal information we collect from and about you, including personal information collected online and offline, in the Supplemental Notice for California Consumers section of this Privacy Policy by clicking here.

If you have questions or concerns regarding our Privacy Policy, we may be reached via e-mail at privacy@HanleyWood.com, via telephone at 1-866-284-2719, or by writing to us at Meyers Research/Metrostudy; ATTN: Customer Service; 1152 15th Street NW; Suite 750 Washington, DC 20005. This Privacy Policy refers to the Meyers Research/Metrostudy Terms and Conditions of Use.

 

What information does Meyers Research/Metrostudy collect and how is it used?

With respect to our online collection of personal information, our Sites actively collect information volunteered by our users in several areas, including for magazine subscription pages, trade show registrations, bookstore transactions, newsletter sign up pages, website registrations and online surveys. The information we request for you to participate in these features may include personal information (that is, any information, in digital, hard copy, or other form, that can be used alone or together with other information to directly or indirectly identify a specific individual or household). “Personal information” as used in this Privacy Policy includes pseudonymized, encrypted, and publicly available personal information. It does not include anonymized data.

We will tell you at the time we collect information whether the information requested is necessary for you to participate in a particular feature. The information we collect is used to respond to your specific requests, to send you periodic information and special offers from Meyers Research/Metrostudy and our sponsors, to provide you with updates on Meyers Research/Metrostudy offerings and features, to provide you with product information from manufacturers in our database, to provide notice of changes to our Terms and Conditions of Use and Privacy Policy, and to provide our sponsors and business partners with data about our users. The information you provide is also used to understand users’ interests and behavior, and may be combined and analyzed with information Meyers Research/Metrostudy may have from other online or offline sources for marketing or other purposes.

As you navigate through our Sites, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means. Like most website operators, Meyers Research/Metrostudy uses cookies, web beacons, log files and other electronic information collection mechanisms to track IP addresses and gather certain information from website users. IP addresses are collected for system administration purposes and for studying how people use our Sites and how we can improve them. When you use a Site, we may record information about your usage of the Site, such as by using the Site’s groups, forums or blogs and/or uploading images or photos. If you are logged into a Site, we may associate the login information with your account information. In order to ensure the quality of our Sites’ services to you, we may place a tag (also called a web beacon) in HTML-based customer support e-mails to or other communications with you in order to confirm delivery. Meyers Research/Metrostudy uses cookies to identify registered Site users and to automatically give them access to “member only” content areas such as articles and reports, and to provide them with access to previously-stored information. Meyers Research/Metrostudy also uses cookies to estimate our audience size and usage patterns and to track the aggregate number of customer returns at our Sites. Finally, Meyers Research/Metrostudy uses cookies to help simplify the process of filling out certain forms on our Sites that allow you to request information from manufactures in our catalog and/or our advertisers. You can choose whether or not you accept cookies by changing the settings of your browser. However, certain parts of our Sites may not work if you turn off cookies on your browser.

CALIFORNIA RESIDENTS can learn more about how we may use the personal information we collect from and about you in the Supplemental Notice for California Consumers section here.

 

With whom does Meyers Research/Metrostudy share your information?

Meyers Research/Metrostudy shares your information with its affiliates and business partners, including agents such as third-party mail processing facilities. We may employ contractors to help with our operations. Some or all of these contractors may access the databases of user information. These contractors are and will be subject to confidentiality agreements that restrict their use and disclosure of all information they obtain through their relationship with Meyers Research/Metrostudy.

In limited circumstances, Meyers Research/Metrostudy may also share information about its subscribers with third parties in whose products or services Meyers Research/Metrostudy believes you may be interested. We may sell, rent, license, trade or otherwise disclose your personal information, including but not limited to your mailing address, phone number and other registration information, to third parties for marketing, merchandising or other purposes, and you should presume that your personal information may thus be subject to future transactions. When sharing your information with third parties, Meyers Research/Metrostudy endeavors to oblige the third parties, via limited use or nondisclosure obligations, to follow practices substantially similar to those of Meyers Research/Metrostudy with respect to such information.

Meyers Research/Metrostudy will also share your information if required by law to do so, to comply with applicable laws or valid legal process, or to protect the rights or property of Meyers Research/Metrostudy.

Additionally, if part or some of our assets are purchased by a third party, Meyers Research/Metrostudy will share your information with the purchaser of all or part of our assets. If you use our “tell a friend” service to e-mail one of our articles, reports or product descriptions to a friend or colleague, Meyers Research/Metrostudy will automatically send this person a one-time e-mail, attaching to the e-mail the content you wished for your friend to receive. Your e-mail address will appear on the “From” line of this e-mail, thereby disclosing this information to whoever opens and reads the e-mail. Meyers Research/Metrostudy may provide users with the opportunity to request additional information from product manufacturers in our online directory or from our advertisers. If you specifically request information from a manufacturer or from one of our advertisers, your contact information will be given to that manufacturer or advertiser, to allow them to decide the best way to fulfill your request. Some of our advertisers may display ads on the Sites that solicit, or contain technology to collect, information about our users. This information is collected and used by our advertisers, and is outside of our control. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

CALIFORNIA RESIDENTS can learn more about how we may share the personal information we collect from and about you in the Supplemental Notice for California Consumers section here.

 

What options do you have about how Meyers Research/Metrostudy uses or shares your information?

If you no longer wish for us to share your mailing address or other contact information with our sponsors or other third parties, please send us an e-mail at privacy@HanleyWood.com. For us to be able to locate your record, your e-mail must include your name, mailing address, e-mail address, and must identify the Meyers Research/Metrostudy product, event, or service for which you are registered. We will endeavor to process your request within 10 days, and thereafter we will no longer share your contact information with third parties. Please note that we will not be able to stop third parties from sending you information about their products or services if your information was shared with them before we received your request. Regarding e-mail specifically, you have the opportunity to elect to stop receiving advertising messages from Meyers Research/Metrostudy about our products or services each time you receive such a communication from us. To unsubscribe from such advertising e-mail messages, please follow the directions included in that e-mail message. We will endeavor to process your request within 10 days. Please note that during that time, you may continue to receive e-mail messages from Meyers Research/Metrostudy about its products or services. Additionally, regardless of whether you have unsubscribed from receiving advertising and promotional material from Meyers Research/Metrostudy, you will continue to receive transactional information from us, such as information relating to your account or payment or bill information. If you receive broadcast e-mail messages that we may send about third party manufacturers in whose products or services we believe you may be interested, and no longer wish to receive such messages, you can do so by following the directions included in the e-mail message you receive. If you have further questions regarding your options with respect to your account information, please contact us at the e-mail or mailing address included at the beginning of this Privacy Policy.

 

What kind of security measures does Meyers Research/Metrostudy use?

We have put in place reasonable and appropriate physical, technical, and managerial procedures to attempt to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. Once we receive your transmission, we use our best efforts to ensure its security on our systems. Meyers Research/Metrostudy, however, will have no liability for disclosure of information obtained due to errors in transmissions or the unauthorized intervention of third parties.

Passwords may be used by a Site to protect your personal information. We recommend that you do not share your passwords with anyone, and notify us promptly if you believe your password security has been breached. Meyers Research/Metrostudy will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also, if you are using a computer that others have access to, such as one in a computer lab, Internet cafe or public library, always remember to log out and close your browser window when leaving any of our Sites. In addition, any personal information or sensitive data that you disclose through any discussion boards or other public online forums hosted on the Sites may be collected and used by others. We recommend caution when giving out personal information to others in these public online forums. When you provide information on these forums, you do so at your own risk. The information you share may be viewed by any other user of the Sites.

 

What is Meyers Research/Metrostudy’s position on children under 13 visiting the Sites?

These Sites are not intended for children under the age of 13. We will not knowingly collect personal information from Site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If a child has provided us with personal information, a parent or guardian of that child may contact us via e-mail at the above e-mail address if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our databases.

 

Links to non-Meyers Research/Metrostudy Websites

Many of our Sites contain links to websites owned and operated by unaffiliated third parties. These links are provided as a service to you, and do not constitute Meyers Research/Metrostudy’s endorsement or support of the third party websites. The third parties who operate these sites have their own information collection and use practices, and Meyers Research/Metrostudy is not responsible for either the privacy practices or the content of these sites. When you follow a link and leave a Site, you do so at your own risk. We encourage you to review the privacy policies of each third party site before providing your personal information, and to contact the providers directly if you have any questions about their privacy policies.

 

Social Media Sites

A Site may contain links to third party social media sites, such as Ning, Facebook, Twitter or YouTube. The operators of such social media sites may collect personal information and use and disclose such information in accordance with their own privacy policies. For each such site, you should check with the site operator regarding its policies regarding the collection, use and disclosure of personal information.

 

International Users

The Sites are hosted in the United States. If you use the Sites from any region with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal information to the United States. By providing personal Information under this Privacy Policy, you consent to the use of personal Information in accordance with this Privacy Policy and the transfer of your personal Information to the United States.

The Sites do not offer goods or services to data subjects in the European Union, nor do the Sites monitor online behavior that takes place within the European Union

 

California Residents

California residents can learn more about the personal information we collect from or about you through both your online and offline interactions with our products or services in the Supplemental Notice for California Consumers section by clicking here.

 

Terms And Conditions Of Use

Effective Date: October 15, 2018

Please read these Terms and Conditions of Use (the “Terms of Use”) carefully because they describe your rights and responsibilities and form a legally binding agreement between you, a user of the Services, and Meyers Research LLC (“Meyers” or “we,” “us,” or “our”). For purposes of these Terms of Use, “you” and “your” means you as the user of the Services.

These Terms of Use govern your use of the website located at http://www.meyersresearch.wpengine.com and any successor site (the “Site”), Meyers’ related mobile application (currently known as Zonda™) and online application (currently known as Zonda Pro™) (together, the “App”), and any other related content, features, materials, applications, widgets and/or services (collectively the “Services”) offered by Meyers.

By accessing the Services, you are agreeing to be bound by the Terms of Use. If you do not agree with any of the Terms of Use, then you are prohibited from using or accessing the Services and must delete the App from your mobile devices immediately.

These Terms of Use include (i) an arbitration provision, (ii) a waiver of rights to bring a class action against us, and (iii) a release by you of all claims for damage against us that may arise out of your use of the Services. By using any of the Services, you agree to these provisions.

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 zondasalessupport@meyersllc.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 zondasalessupport@meyersllc.com.

2.  Site.  You do not need to create an account to access the Site. Please feel free to browse the Site. If you are browsing the Site as a non-commercial consumer and are not employed or engaged by a Client, you may download material displayed on the Site for your non-commercial personal use only. This permission is specifically conditioned on your retaining all copyright and other proprietary notices contained on the materials downloaded. Additionally, you may not distribute or transmit, modify, reuse, report, or use the information, material and contents of the Site for public or commercial purposes, including the text, images, audio, and video, without Meyers’ express written permission. Your access and use of the Site is also subject to the remainder of these Terms of Use set forth below and all applicable laws.

3.  License.  Subject to and conditioned upon your compliance with the Terms of Use, Meyers hereby grants you a personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable license to access and use the Services for (a) research purposes; (b) if you are accessing the App as a representative of a Client, for (i) providing information regarding market trends to such Client’s clients and prospective clients; (ii) marketing properties; (iii) supporting your or the Client’s valuation, appraisal or counseling regarding a specific property; and (iv) creating periodic general market research reports for internal business purposes of Client (including pitches to prospective clients). You agree not to use the Services in any way that breaches the Terms of Use . These Terms of Use are limited to the intellectual property rights of Meyers and its affiliates and licensors and do not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.

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;

b. use the Services if you are not fully able and legally competent to agree to these Terms of Use;

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

q. use the Services for any other purpose or in any way other than as expressly provided by the Terms of Use.

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.

7.  Mobile Software from the Apple App Store.  The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and Meyers, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Meyers acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and Meyers acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Meyers, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the App. You and Meyers acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

8.  Term and Termination.  Meyers reserves the right to suspend, withdraw, terminate, amend, or restrict access to some or all of the Services to users at any time immediately without notice, including, without limitation in circumstances where Meyers suspects that you have not complied with the Terms of Use. Additionally, your use of the App will terminate if you cease to be authorized by the Client to use the App for any or no reason or if Client’s subscription agreement with Meyers ends. If Meyers terminates or restricts your use and access of the Services, then you must immediately stop using all portions of the Services, delete the App from your mobile device, if applicable, and return to Meyers any downloaded materials in your possession, custody or control whether in electronic or printed format. Except for the license granted in Section 3, all other provisions of the Terms of Use shall survive termination.

9.  Terms of Use Modifications Meyers may revise and update the Terms of Use at any time. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the Services. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. By continuing to use the Services after any such publication, you are agreeing to be bound by the then current version of the Terms of Use. If you do not agree to the changes, then you must immediately stop using the Services and delete the App from your mobile devices.

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 https://www.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.

15.  Limitations on liability. In no event shall Meyers be liable to you or any other person or entity for an amount of damages in excess of: (a) fifty dollars ($50) or (b) the Client’s subscription fee for the most recent subscription term divided by the number of permitted users granted access and use under Client’s subscription agreement, whichever is greater. Meyers shall not be liable for any indirect, punitive, incidental, special, or consequential damages (including, without limitation, damages for loss of use, data, profit or goodwill, or due to business interruption, unauthorized access or other intangible losses) in connection with the Terms of Use, the Services or use of the Services or the delay or inability to use the Services, regardless of legal theory, even if Meyers knew or was notified of the possibility of such damages.

16.  Essential Terms.  You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that Meyers would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability. You are agreeing to these limitations of liability to induce Meyers to grant you the rights set forth in these Terms of Use.

17.  Indemnification.  By using the Services, you agree to indemnify, defend and hold harmless Meyers and each of its affiliates and their respective officers, directors, members, employees and agents from and against any and all claims, causes of action, demands, liabilities, taxes, obligations, damages, costs and expenses (including attorneys’ fees) and all amounts paid in investigation, defense or settlement of any of the foregoing, related to (a) any unauthorized use of the Services, (b) your rights and obligations under breach of the Terms of Use or applicable law, (c) your negligence or willful misconduct, or (d) the use of the Services by you or any user who accesses the Services using login information or passwords associated with you.

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.

b.  Binding Arbitration.  Any claim or controversy not resolved through the informal dispute resolution which relates in any way to your use of the Services and/or Meyers’ products, or relates in any way to the communications between you and Meyers or any other user of the Services (each, a “Dispute”) will be finally resolved by binding arbitration; provided, however, that the determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Furthermore, this Section 20 does not (a) govern any Dispute by Meyers for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms of Use or (b) bar you from making use of applicable small claims court procedures in appropriate cases.

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.

e.  Governing Law Any Dispute relating to the Terms of Use, Privacy Policy or the Services shall be governed by the laws of the State of California without regard to its conflict of law provisions. For the purpose of entry of judgment in arbitration or any Dispute not subject to arbitration, the parties consent to personal jurisdiction of the courts of Los Angeles County, California.

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 zondasalessupport@meyersllc.com within thirty (30) days of the first of the date you access or use the Services.

21. General.

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.

b.  Entire Agreement.  Except as expressly stated herein, the Terms of Use constitute the entire agreement between you and Meyers with respect to the Services and supersede all prior or contemporaneous communications of any kind.

c.  Severance.  If any part of the Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in effect.

d.  Headings.  The section titles in the Terms of Use are solely used for convenience and have no legal or contractual significance.

e.  Assignment.  You may not assign the Terms of Use, or assign, sublicense, pledge, or otherwise transfer or share the benefit of any or all of your rights, if any, in the Services. Any unauthorized assignment will be null and void. Meyers may assign any or all of its rights and obligations under the Terms of Use.

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.

g.  Notice.  Meyers may notify you with respect to the Terms of Use by sending an email message to your registered email address or a letter via postal mail to your registered mailing address, or by a posting notice in the Services. Notices shall become effective immediately.

h.  Apple.  Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and by accepting the Terms of Use, you acknowledge that Apple and Apple’s subsidiaries will have the right (and are deemed to have accepted the right) to enforce the Terms of Use against you as a third party thereof.

 

Contact Us

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

Email: zondasalessupport@meyersllc.com

Phone: (877) 966-3210

 

 

Privacy Policy
 Supplemental Notice for California Consumers


Last Updated December 31, 2019

This Supplemental Notice for California Consumers (“Supplemental Notice”) is part of the Privacy Policy and supplements the information contained in the Privacy Policy. This Supplemental Notice applies solely to individuals who are residents of the State of California.

The California Consumer Privacy Act of 2018 (CCPA) gives California residents the right to know what personal information Meyers Research/Metrostudy collects about them (online and offline) and whether this information is shared with third parties, as well as certain rights regarding Meyers Research/Metrostudy’s collection and use of their personal information. This Supplemental Notice provides the information required under the CCPA. Any terms defined in the CCPA have the same meaning when used in this Supplemental Notice.

 

Your Rights

If you are a California resident, you have the following rights under the CCPA with respect to your personal information:

  • Right to Notice. Before or at the time we collect personal information from you, you have the right to receive notice of the personal information to be collected and the purposes for which we use it. This Supplemental Notice is intended to satisfy this requirement.
    You also have the right to request that we disclose to you the categories of personal information we have collected about you in the preceding 12 months, along with the categories of sources from which the personal information was collected, the purpose for collecting or selling the personal information, the categories of third parties with whom we shared the personal information, and the categories of third parties with whom we sold the personal information.
  • Right of Access. You have the right to request that we disclose or provide you with access to the specific pieces of personal information we have collected about you in the preceding 12 months.
  • Right to Deletion. You have the right to request that we delete the personal information we collect from you. However, in certain situations we are not required to delete your personal information, such as when the information is necessary in order to complete the transaction for which the personal information was collected, to provide a good or service requested by you, to comply with a legal obligation, to engage in research, to secure our websites or other online services, or to otherwise use your personal information internally in a lawful manner that is compatible with the context in which you provided the information.
  • Right to Opt-Out of the Sale of Personal Information. If Meyers Research/Metrostudy sells your personal information to third parties, you have the right, at any time, to direct us not to sell your personal information. To exercise this right, please click Do Not Sell My Personal Information here or on any Meyers Research/Metrostudy webpage where the Do Not Sell My Personal Information button is present. Meyers Research/Metrostudy does not sell the personal information of minors under 16 years of age without affirmative authorization.
  • Right Not to Be Subject to Discrimination. You have the right to be free from discrimination or retaliation for exercising any of your rights under the CCPA as described above.

You can exercise your rights by calling 1-866-284-2719, sending an email to us at privacy@HanleyWood.com, or by visiting our CCPA Request Form.

We value the security and confidentiality of your personal information. Therefore, if you exercise your right to notice, right of access, or right to deletion, we must first verify your identify to make sure that you are the person about whom we have collected personal information. We verify every request carefully. Along with your request, we ask that you provide you first and last name, company name (if applicable), physical postal address, email address, and IP address (if you interact with our websites or other online services). You may also authorize someone else to submit these requests on your behalf.

California residents who are unable to review or access this Supplemental Notice due to a disability may call us at 1-866-284-2719 to access this Supplemental Notice in an alternative format.

 

Identifiers

Category of
 Personal Information Collected:
  • Identifiers, such as a real name, postal address, internet protocol (IP) address, device or mobile advertising ID, email address, account name, telephone number, and other similar identifiers.
Sources of the Category of Personal Information:
  • You (directly from consumer).
  • Consumer data resellers.
  • Marketing vendors.
  • Public records.
  • Meyers Research/Metrostudy affiliates.
Purposes for Collecting the Category of Personal Information:
  • Send information about events, courses, promotions, and marketing.
  • Send copies of our printed and digital publications.
  • Process and manage your purchases, transactions, and payments with us.
  • Issue invoices and collect payments.
  • Administer, manage, analyze, and improve our programs, products, and services.
  • Procure vendor/partner products and services, including to manage and satisfy related vendor/partner contractual obligations.
  • Allow access to educational and information (non-editorial) content that pertain to prospects jobs.
  • Generate leads.
  • Solicit participation in direct response campaigns.
  • Thought leadership.
  • Gather attendance records for education events.
  • Facilitate event registration.
  • Analyze and better understand your needs, preferences, and interests, as well as those of other consumers.
  • Allow access to CEU courses and other training.
  • Download media.
  • Our everyday business purposes such as to process your requests, inquiries, or other communications with us.
  • Administer, provide access to, monitor, and secure our information technology systems, websites, applications, databases, and devices.
  • Monitor, investigate, and enforce compliance with our policies, product/service terms and conditions, and legal and regulatory requirements.
  • Comply with legal and regulatory obligations.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • Third parties with whom we have joint marketing and similar arrangements.
  • Third party network advertising partners.
  • Third parties who provide marketing and data analytics services, such as social media platforms used to deliver our ads, website/email optimization providers, email marketing vendors, and data analytics vendors.
  • Meyers Research/Metrostudy affiliates.
  • Clients/advertisers.
  • Research partners.
  • Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention.
 

Financial information

Category of
 Personal Information Collected:
  • Financial information, such as bank account number, credit or debit card number, routing information, payment amounts, and other financial information.
Sources of the Category of Personal Information:
  • You (directly from consumer).
Purposes for Collecting the Category of Personal Information:
  • Process and manage your purchases, transactions, and payments with us.
  • Issue invoices and collect payments.
  • Procure vendor/partner products and services, including to manage and satisfy related vendor/partner contractual obligations.
  • Analyze and better understand your needs, preferences, and interests, as well as those of other consumers.
  • Allow access to CEU courses and other training.
  • Download media.
  • Our everyday business purposes such as to process your requests, inquiries, or other communications with us.
  • Comply with legal and regulatory obligations.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention.
 

Commercial Information

Category of
 Personal Information Collected:
  • Commercial information, such as records of products or services purchased, obtained or considered, records of program enrollment and activity, and other purchasing or consuming histories or tendencies.
Sources of the Category of Personal Information:
  • You (directly from consumer).
Purposes for Collecting the Category of Personal Information:
  • Send information about events, courses, promotions, and marketing.
  • Send copies of our printed and digital publications.
  • Process and manage your purchases, transactions, and payments with us.
  • Issue invoices and collect payments.
  • Administer, manage, analyze, and improve our programs, products, and services.
  • Procure vendor/partner products and services, including to manage and satisfy related vendor/partner contractual obligations.
  • Allow access to educational and information (non-editorial) content that pertain to prospects jobs.
  • Generate leads.
  • Solicit participation in direct response campaigns.
  • Thought leadership.
  • Gather attendance records for education events.
  • Facilitate event registration.
  • Analyze and better understand your needs, preferences, and interests, as well as those of other consumers.
  • Allow access to CEU courses and other training.
  • Download media.
  • Our everyday business purposes such as to process your requests, inquiries, or other communications with us.
  • Monitor, investigate, and enforce compliance with our policies, product/service terms and conditions, and legal and regulatory requirements.
  • Comply with legal and regulatory obligations.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • Payment processors, financial institutions, and others as needed to complete transactions and for authentication, security, and fraud prevention.
  • Third party providers as necessary to complete transactions and provide our products/services.
  • Third parties who assist with our information technology and security programs.
 

Network Activity Data

Category of
 Personal Information Collected:
  • Network activity data, such as browsing history, search history, cookie data, referring/exiting URL, clickstream data, time spent on webpage or advertisement, and other information regarding an individual’s interaction with an internet website, application, email or advertisement.
Sources of the Category of Personal Information:
  • You (directly from consumer).
  • Marketing vendors.
Purposes for Collecting the Category of Personal Information:
  • Administer, manage, analyze, and improve our programs, products, and services.
  • Allow access to educational and information (non-editorial) content that pertain to prospects jobs.
  • Generate leads.
  • Solicit participation in direct response campaigns.
  • Analyze and better understand your needs, preferences, and interests, as well as those of other consumers.
  • Allow access to CEU courses and other training.
  • Download media.
  • Our everyday business purposes such as to process your requests, inquiries, or other communications with us.
  • Administer, provide access to, monitor, and secure our information technology systems, websites, applications, databases, and devices.
  • Monitor, investigate, and enforce compliance with our policies, product/service terms and conditions, and legal and regulatory requirements.
  • Comply with legal and regulatory obligations.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • Third parties with whom we have joint marketing and similar arrangements.
  • Third party network advertising partners.
  • Third parties who provide marketing and data analytics services, such as social media platforms used to deliver our ads, website/email optimization providers, email marketing vendors, and data analytics vendors.
  • Clients/advertisers based on the type of program.
  • Third parties who assist with our information technology and security programs.
 

Geolocation data

Category of
 Personal Information Collected:
  • Geolocation data
Sources of the Category of Personal Information:
  • You (directly from consumer).
  • Public records.
Purposes for Collecting the Category of Personal Information:
  • Send information about events, courses, promotions, and marketing.
  • Administer, manage, analyze, and improve our programs, products, and services.
  • Procure vendor/partner products and services, including to manage and satisfy related vendor/partner contractual obligations.
  • Generate leads.
  • Analyze and better understand your needs, preferences, and interests, as well as those of other consumers.
  • Allow access to CEU courses and other training.
  • Our everyday business purposes such as to process your requests, inquiries, or other communications with us.
  • Administer, provide access to, monitor, and secure our information technology systems, websites, applications, databases, and devices.
  • Comply with legal and regulatory obligations.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • Third parties who provide marketing and data analytics services, such as social media platforms used to deliver our ads, website/email optimization providers, email marketing vendors, and data analytics vendors.
  • Third parties who assist with our information technology and security programs
 

Professional/Employment Information

Category of
 Personal Information Collected:
  • Professional/employment information, such as employer, job title, and professional certifications.
Sources of the Category of Personal Information:
  • You (directly from consumer).
  • Consumer data resellers.
  • Marketing vendors.
Purposes for Collecting the Category of Personal Information:
  • Send information about events, courses, promotions, and marketing.
  • Process and manage your purchases, transactions, and payments with us.
  • Administer, manage, analyze, and improve our programs, products, and services.
  • Generate leads.
  • Solicit participation in direct response campaigns.
  • Thought leadership.
  • Analyze and better understand your needs, preferences, and interests, as well as those of other consumers.
  • Allow access to CEU courses and other training.
  • Our everyday business purposes such as to process your requests, inquiries, or other communications with us.
  • Comply with legal and regulatory obligations.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • Third parties with whom we have joint marketing and similar arrangements.
  • Clients/advertisers based on the type of program.
 

Written Signature

Category of
 Personal Information Collected:
  • Written signature, such as a signature on a program enrollment form.
Sources of the Category of Personal Information:
  • You (directly from consumer).
Purposes for Collecting the Category of Personal Information:
  • Process and manage your purchases, transactions, and payments with us.
  • Issue invoices and collect payments.
  • Procure vendor/partner products and services, including to manage and satisfy related vendor/partner contractual obligations.
  • Our everyday business purposes such as to process your requests, inquiries, or other communications with us.
  • Monitor, investigate, and enforce compliance with our policies, product/service terms and conditions, and legal and regulatory requirements.
  • Comply with legal and regulatory obligations.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • We Do Not Share This Information with Third Parties for a Business/Commercial Purpose
 

Inferences

Category of
 Personal Information Collected:
  • Inferences (drawn from any of the information listed above) to create a profile about an individual reflecting the individual’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. (e.g., predications about an individual’s preferences or tendencies).
Sources of the Category of Personal Information:
  • You (directly from consumer).
  • We draw inferences from the information we collect from and about you, such as your preferences, characteristics, attributes, and abilities.
Purposes for Collecting the Category of Personal Information:
  • Send information about events, courses, promotions, and marketing.
  • Administer, manage, analyze, and improve our programs, products, and services.
  • Generate leads.
  • Analyze and better understand your needs, preferences, and interests, as well as those of other consumers.
Third Parties With Whom We Share the Category of Personal Information for a Business or Commercial Purpose:
  • We Do Not Share This Information with Third Parties for a Business/Commercial Purpose

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