Last Updated: March 7, 2022
Thank you for your interest in St. John Properties.
You agree to be bound by the following terms (“Terms”) of this End User License Agreement (“EULA”) applicable to all websites, mobile apps and related services (“Services”) provided by St. John Properties, Inc. and its affiliates (together “SJP,” “we,” “our,” or “us”):
- Informational Use Only. SJP is a developer, owner, and manager of commercial properties in certain states within the United States; it does not have material business arrangements or interests in other states where it does not own properties or in any territories outside the United States. Your use of the Services is informational only; it does not establish any brokerage, agency, or advisory relationship with SJP. Any arrangement you may establish with SJP for the acquisition, leasing, or management of commercial real property will be governed exclusively by those separate written agreements, and not by these Terms. SJP uses reasonable efforts to provide correct, up-to-date information about its properties. However, you understand and agree that: (a) the information provided as part of the Services is not a substitute for your performance of independent due diligence in connection with any decision you might make to acquire or lease commercial real property; (b) you are not relying upon the information provided as part of the Services as the basis for any decision to acquire or lease commercial real property; and (c) you are not looking to SJP for advice or representation in deciding whether to acquire or lease commercial real property.
- Consent for Referrals. You authorize SJP to refer you to an associated real estate professional or lender; and you understand and agree that SJP may receive compensation for making such referrals.
- Intellectual Property. SJP owns or holds all rights, title, and interest in or to all intellectual property used in connection with providing the Services, including without limitation all user interfaces, screen layouts, designs, graphics, marks, brands, logos, content, information, data, source and object code, software, apps, and all other legally protectable elements used to provide the Services (“SJP Materials”). Except as expressly authorized by SJP in writing, SJP reserves all rights in the SJP Materials and the Services.
- Limited License. Subject to complying with these Terms, SJP grants you a non-exclusive, limited, revocable, non-transferable license to use the Services (a) for your personal use and information or (b) if you are a real estate or mortgage professional acting in your professional capacity, to share information with your clients and take actions on their behalf, provided that you obtain all required authorizations and consents from your clients (each an “Allowed Use”). This license includes a right for you to view, print, email, text, or download SJP Materials provided that it is only for an Allowed Use. Any other use of the SJP Materials or Services is prohibited unless it is separately authorized by SJP in writing.
- Use Requirements. You must meet the following requirements to be eligible to use the Services: (a) you are 18 years of age or older; (b) you have not previously been suspended or removed from the Services; (c) your use of the Services complies with these Terms and all applicable laws and regulations; and (d) you specifically consent to the application of federal and state laws in force in United States territory and forego applying the law of any other territory, regardless of where you reside or principally do business. Accessing the Services may require registering for an account. In the event you decide to register, you consent to provide certain information about yourself, such as a valid email address or other contact information, and you agree to ensure that such information is accurate and up-to-date. During registration you also may be asked to create a password. You understand that maintaining the strict secrecy of your password and account information is vital to ensure the security and integrity of your information and the Services. You must not share your account or password with others and are fully responsible for all actions taken with your account.
- Prohibited Uses. You understand and agree that the following uses are strictly prohibited, and may subject you to criminal or civil sanctions, termination of these Terms, deletion of your account, or suspension or revocation of your license to use the Services:
- Violating the privacy rights of other individuals or engaging in hate speech through your use of the Services.
- Infringing on intellectual property rights of SJP or any other person or entity.
- Violating these Terms or any and all applicable laws or regulations concerning your use of the Services.
- Using SJP’s names, logos, and marks, the SJP Materials, or the Services in any way that suggests a false or misleading association between SJP and you or any other person or entity.
- Using SJP’s name, logos, and marks, the SJP Materials, or the Services as part of any fraudulent scheme or solicitation aimed at other persons or entities.
- Allowing your password or account to be compromised, or failing to use reasonable and prudent safeguards to maintain the secrecy of your password or account.
- Attacking any of the hardware, software, or data systems used by SJP to provide the SJP Materials or the Services, or otherwise accessing or using the SJP Materials or the Services for any purposes not expressly authorized in writing by SJP consistent with these Terms, including any action that: compromises or evades SJP’s physical or data security systems (“Systems”); accesses data about other users; inserts malware or tracking software of any form or description in the Systems; impairs or disrupts the normal operation of the Services or Systems; or uses the Services or Systems in a manner that impairs or disrupts services or systems of any other persons or entities.
- Copying, modifying, distributing, displaying, broadcasting, decompiling, disassembling, reverse-engineering, creating derivative works based on, or otherwise using the SJP Materials or Services except as expressly authorized by SJP consistent with these Terms.
- Basing purchase, leasing, lending, investment, or other such decisions concerning real property on the SJP Materials or Services without conducting independent due diligence.
- User Content. Future versions of the Services may allow users to upload certain textual information, photos, videos, or other content to SJP websites or apps (“User Content”). By uploading User Content, you grant SJP a royalty-free license to use that content in connection with the Services. You grant SJP full editorial control with respect to any User Content uploaded to its websites or apps; and you acknowledge and agree that SJP may remove User Content at any time, and for any reason or no reason. You are solely responsible for any User Content you upload; you represent and warrant that you are the creator of your User Content or you hold all necessary rights and permissions to use it, and that your User Content fully complies with these Terms and all applicable laws and regulations.
- Third-Party Financial Products. You acknowledge that SJP: (a) is not a mortgage lender, loan originator, processor, or underwriter (“Lender”); (b) does not advise or assist borrowers in obtaining loans or act as a mortgage broker; (c) does not accept mortgage applications, make loans or credit decisions, or pre-approve borrowers for loans; (d) is not an agent of any consumer or any Lender; (e) does not endorse or recommend particular Lenders; and (f) disclaims responsibility for any mortgage financing process you may initiate through a third party. You agree to rely solely on your own independent agents and advisor — not SJP — to represent your interests in connection with any transaction related to commercial property.
- Copyright Infringement Notices. SJP respects the intellectual property rights of third parties and expects the same from all users. Anyone who believes their work has been reproduced on the Services in a way that constitutes copyright infringement may notify SJP in accordance with 17 U.S.C. Section 512(c)(2), as follows:
- Identify the copyrighted work you claim is being infringed;
- Identify the material that you claim is infringing, including a description of where it is located on the Services, so that the copyright agent can locate it;
- Your address, phone number, and email address, so that the copyright agent may contact you; and
- Your signed statement under penalty of perjury that: the information you provide is accurate; you have a good-faith belief that the material is not used with permission from the copyright owner or its agent, or under the law; and you are the copyright owner or authorized to act on the owner’s behalf.
Please send any copyright infringement notice as follows:
St. John Properties
Attention: Copyright Infringement Notice
2560 Lord Baltimore Drive
Baltimore, MD 21244
- Modifications. SJP may update or modify these Terms from time to time; through your continued use of the Services, you acknowledge and agree to comply with the updated Terms in effect at the time of your use. You understand and agree that SJP may discontinue or modify any aspect of the Services in its sole discretion and without prior notice.
- Termination. You may email SJP requesting the deletion of your account and discontinue your use of the Services, which will terminate this EULA. In addition, SJP may terminate the EULA and delete your account should you violate any of these Terms. SJP also reserves the right to terminate the EULA and delete your account in the event it discontinues or modifies any aspect of the Services. You understand and agree that SJP is under no legal obligation to you to continue offering the Services. SJP will endeavor but is not required to give you notice before terminating the EULA. In the event of termination, your license to use the Services is immediately and automatically revoked.
- Indemnification. You will indemnify, defend, and hold harmless SJP, including its affiliates, and each of their respective directors, officers, employees, and agents from any and all claims and demands made by any third party arising out of, in connection with, or related to: (a) your use of the Services or access to the Systems; (b) any violation of these Terms by you or caused through any use or misuse of your account; (c) your violation of any applicable laws or regulations, or the rights of a third party; (d) any dispute or claims between you and any third party; (e) any User Content you upload or otherwise make available through the Services; (f) any willful or grossly negligent misconduct by you; and (g) any other party’s access to or use of the Services using your account and password. SJP reserves the right to assume the control of its own defense against any third-party claims or demands, in which event you agree to cooperate with SJP in its defense of those claims or demands.
- Warranty Disclaimer. The services are provided “as is,” “without warranty,” “with all faults,” and “as available.” You accept all risks concerning satisfactory quality, performance, accuracy, completeness, or effort in connection with the Services. Each of SJP and its affiliates specifically disclaims all express or implied warranties to the maximum extent permitted by applicable law, including without limitation: (a) any warranty of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title or quiet enjoyment; (b) any warranty regarding the non-existence of encumbrances, liens, infringements, or defects, or the compliance with technical specifications; (c) any warranty arising through a course of dealing, course of performance, industry custom, or usage of trade; and (d) any warranty of uninterrupted or error-free access to or use of the Services.
- Limits on Liability and Remedies. You acknowledge and agree that each of SJP and its affiliates shall not be liable for any indirect, consequential, special, incidental, or punitive damages, including damages for lost profits, business opportunities or goodwill, or any other intangible loss, arising out of, in connection with, or related to: (a) these Terms; (b) your use of or access to the Services; or (c) your inability to use or access the Services (any or all, a “Subject Dispute”). The combined lifetime amount of any liability of SJP and its affiliates to you arising out of, in connection with, or related to any Subject Dispute is limited to $250.
- Mediation and Arbitration Agreement. In the event of any Subject Dispute, you and SJP agree: (a) to notify the other in writing of any claim or demand arising out of, in connection with, or related to the Subject Dispute; and then (b) to participate in non-binding mediation within 45 days after such written notice is served, with a view toward informally resolving the Subject Dispute. You and SJP further agree that any Subject Dispute that remains unresolved after the 45-day period for mediation will be settled by binding arbitration before the American Arbitration Association (“AAA”) according to its Commercial Arbitration Rules then in force, as modified by this arbitration agreement. The arbitration forum will be Baltimore, Maryland; there will be one arbitrator selected by the list method. The Subject Dispute will be submitted for decision based upon written briefs within 60 days after service of the statement of claim, unless the arbitrator determines that a hearing is necessary. The arbitrator will not have the authority to hear or decide claims of multiple claimants as part of one consolidated proceeding.
- Class Arbitration Waiver. You and SJP each waive any right to proceed against the other as a plaintiff, class representative, or class member in any putative class action lawsuit, class-wide arbitration, private attorney general action, or other representative proceeding.
- Choice of Law. These Terms are governed by the state and federal laws in force in the State of Maryland, without giving effect to its conflict-of-laws provisions.
- Severability. If any part of these Terms is found unenforceable, that part will be severed and replaced by an enforceable provision that most closely follows the manifested intent of the severed provision; and the remainder of these Terms will remain enforceable to the maximum extent permitted by law.
- Assignment by SJP. SJP may assign its rights in this EULA to another party.
- Contact Information and License Disclosures. The Services are offered by SJP, whose corporate headquarters is located at 2560 Lord Baltimore Drive, Baltimore, MD 21244. You may email SJP at email@example.com.