Terms Of Use

Last Updated 9/25/2024

Acceptance of Terms of Use

These Terms of Use are entered into by you and Riedman Development Corporation, its subsidiaries and related entities (“Riedman”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively these “Terms,” or “Terms of Use”), govern your access to and use of this website, including any content, functionality, and services offered through this website, whether as a guest or a registered user, along with any other online services, software or apps provided by us that post a link to these Terms (the “Service”). Your continued use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. If you violate or do not agree to these Terms, then you must not access or use the Site.

THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF CLASS ACTIONS OR JURY TRIALS.

This Service is offered and available to adult users who are eighteen (18) years of age or older, and is not intended for or directed to anyone under thirteen (13) years of age. Users under the age of majority where they reside must use the Service with the permission and supervision of their parent or legal guardian. By using the Service, you represent and warrant that you meet this eligibility requirement and that you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations. If you do not meet this requirement you must not access or use the Service.

Additional Terms

In some instances, additional or different terms, posted on the Service, apply to your use of certain parts of the Service (individually and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, these Terms will control unless the Additional Terms expressly state otherwise.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Service thereafter. Continued use of the Service after such changes is deemed acceptance of any revised terms. You must review these Terms on a regular basis to keep yourself apprised of any changes. Riedman may terminate these Terms, with or without cause, at any time, without notice, and without penalty. You agree that Riedman shall not be liable to you or any third party for any modification, termination, or alteration of these Terms.

Communications

Visiting the Site, setting up an account, or sending emails to Riedman constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. We may communicate and transact with you electronically through the Site or through other electronic means.

Riedman may make informational telephone calls or text messages to any telephone number you provide to assist you with an inquiry or provide other information we believe you may find helpful. Your telephone carrier may charge message or data rates for such calls or messages. You are not required to consent to receive any calls or text messages in order to purchase services, however, failure to provide consent may impact services that are designed to use the telephone or text messaging functionality. Any calls you receive from or make to Riedman may be recorded.

You can also give us consent to send you marketing text messages. Again, your carrier may charge message or data rates for such messages. These messages could be automatically generated or sent using automatic means.

You can stop receiving text messages from us at any time using the keyword “STOP.” You may also call us for assistance at (585) 232-2600 x118.

Accessing the Service and Account Security

We reserve the right to withdraw or amend the Service and any feature, service or material we provide on the Service in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Service.
• Ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Use and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all of the information you provide to register with this Service is correct, current and complete. You are also responsible for ensuring that your account information is timely updated if it ever changes. You agree that all information you provide to register with this Service or otherwise, including but not limited through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username and/or password, or any other breach of security of our Service. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other Personal Information as defined by our Privacy Policy. You must keep and are responsible for keeping your sensitive information – like your Personal Information and your account password – confidential.

We have the right to disable and/or terminate your access to the Service – such as by disabling any username, password or other identifier, whether chosen by you or provided by us – at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

In using our Service, you further agree that:

• You are permitted to create only one account for yourself, and you will not create more than one account for your individual use.
• You will not, without our express permission, create another account for yourself if we have disabled or otherwise restricted your account.
• You will not buy, sell, rent, or lease access to your account in any way.
• You will not share your account’s login credentials with others.
• You will log in and access the Service through only those means authorized by us, and you will not log in or attempt to access the Service through any unauthorized means.

Intellectual Property Rights

This Service and its entire contents, features, and functionality (including, but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, together, “Content”) are owned by Riedman, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property, unfair competition, or proprietary rights laws.

These Terms of Use permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Service except as follows:

• Your computer may temporarily store copies of such materials from our Service incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Service for your own personal non-commercial use and not for further reproduction, publication, or distributions.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• Subject to any applicable Additional Terms, if the Service includes social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes Content, or to post our Content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negatively on us, and only send to recipients you have permission to contact.

You must not:

• Modify copies of any materials from the Service.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

Your right to use the Service and Content is subject to your strict compliance with these Terms and any Additional Terms. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Service in breach of the Terms of Use, your right to use the Service will stop immediately and you must, at our option, either return or destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and any rights not expressly granted are reserved by us. Any use of the Service not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Equal Housing Opportunity

Riedman properties are equal housing opportunities. We are committed to the letter and spirit of all fair housing laws. Riedman does not discriminate in its housing based on race, color, religion, national origin, sex, familial status, disability, gender, gender identity, sexual orientation, or any other characteristic protected by law.

Accuracy

While we try to keep all content that we post on the Service accurate, complete and up to date, we cannot and do not guarantee, represent or warrant that any of the content on this Service is accurate, complete, timely or applicable to you.

Your Use of the Service and User Generated Content

You are ultimately responsible for all content posted and activity that occurs under your account (“User Contributions”), even if that content or activity occurs from other individuals who have accessed the Service through your account. Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your User Contributions are non-confidential and non-proprietary (notwithstanding markings such as “confidential,” “proprietary,” etc.), and (b) to the maximum extent not prohibited by applicable law, Riedman does not assume any obligation of any kind to you or any third party with respect to your User Contributions. You also agree to provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms.

In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, books, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Contributions and licensed to us as set forth below. In addition, Riedman retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Our receipt of your Unsolicited Ideas and Materials is not an admission by Riedman of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

License to Riedman of Your User Contributions. Except as otherwise described in any applicable Additional Terms which specifically govern the submission of your User Contributions, or in our Privacy Policy, you hereby grant Riedman the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Contributions (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Contributions and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Contributions for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to Riedman to your User Contributions, you also, as permitted by applicable law, hereby grant to Riedman the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Contribution, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Contribution, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.

Our Exclusive Right to Manage Our Service. Riedman may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Contributions, and Riedman may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User Contributions without notice or any liability to you or any third party. Without limitation, we may, but do not commit to, do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms.

Representations and Warranties Related to Your Use of the Service.

You may use the Service only for lawful purposes and in accordance with these Terms of Use.

You agree that:

You will not use our Service in any way that violates any applicable federal, state, local, or international law or regulation (including without limitation any laws regarding the export of data or software to and from the U.S. or other countries), or otherwise prohibited by these Terms of Use.
You will not use our Service for the purpose of exploiting, harming, or attempting to exploit or harm any individual in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
You will not use the Service to harass, abuse, defame, stalk, or threaten others.
You will not use the Service to transmit or procure the sending of any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
You will not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Riedman or users of the Service or expose any of them to liability.
You will not use or attempt to use another user’s account without their permission.
You will not solicit other users’ login credentials.
You will not create an account using the name of another person with the intent of impersonating the other person, or create an account using any name that is offensive, vulgar, or obscene.
You will not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual.
You will not post content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
You will access only those areas or features of the Service that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
Monitor or copy any of the material on the Service for any unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.
Compromise the security of the Service, including the introduction of any viruses, Trojan horses, works, logic bombs or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, the server on which any part of the Service is stored, or any server, computer, or database connected to the Service.
Attack or harm the Service via a denial-of-service attack, distributed denial-of-service attack, or any other means.
Probe, scan, or test the security or vulnerability of our Service, including any Riedman system or network.
Otherwise attempt to interfere with the proper working of the Service.
Engage in any activity that violates these Terms of Use, or encourage any acts that violate these Terms of Use.

Online Applications, Consents, Leases, Payments and Other Transactions

This Service may provide you with the option to electronically enter into agreements with us, such as certain transactions related to your proposed or actual rental of an apartment, including but not limited to an application to lease an apartment, certain consents related thereto, a lease agreement for an apartment, a renewal of a lease agreement, and/or payments related to your application for or lease of an apartment. The Service may also allow you to apply for employment with us. Your use of the Service to make applications and enter into such transactions with us is completely voluntary. However, if you make an application, or enter into any such transaction via this Service or through any link on this Service, you consent to doing so by electronic form, and to providing an electronic signature (which is any electronic action acknowledging agreement) in the form specified on this Service, rather than a handwritten signature. In addition, you understand and acknowledge that all consents, applications and transactions that you enter into via this Service will be legally binding on you, just as if they were done on paper, and that your electronic acceptance in the form specified on this Service will be binding as though you had physically signed a paper document by hand.

Third Party Services & Links

Riedman is not responsible for the content, quality, safety, availability, completeness, accuracy, privacy policies, legality, or any other practices and policies of any third-party website that may be accessed from the Service. Each linked entity has its own privacy policies, terms and conditions, and other policies that govern your use of their website and services. Each linked entity is responsible for the correctness, completeness, legality and accuracy of its own website. As such, Riedman makes no representation as to the accuracy or any other aspect of the information contained on such third-party sites.

When you click on one of the provided links, you are leaving our Service to enter another site on the Internet. If you decide to access any of the third-party sites linked to through our Service, you do so entirely at your own risk. Your use of a third party’s website or services is governed by the third party’s privacy policy, terms and conditions, and other policies. You agree that we are not liable for any harm or damages related to the purchase or use of goods, services, websites, resources, content, or any other transactions made in connection with any third-party websites or advertisers. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. You hereby waive any claim you might have against Riedman with respect to these websites. Riedman is not responsible or otherwise liable for a third party’s terms or policies, or for any actions taken under therein.

Processing Payments

Riedman uses third-party payment service providers (“Payment Service Providers”) to process payments related to certain Transactions. All such Transactions are subject to the Payment Service Provider’s relevant terms and policies, which the Payment Service Provider may modify from time to time and at its sole discretion. By agreeing to these Terms, you agree to be bound by the Payment Service Provider’s relevant terms and policies related to your Transaction.

Disclaimer of Warranties

Except as may be expressly set forth otherwise in a written agreement between you and Riedman or a Riedman affiliate, Riedman has no special relationship with or fiduciary duty to you.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY FEATURES, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEB SITE LINKED TO IT.

YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RIEDMAN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR (i) ERRORS, MISTAKES OR INACCURACIES OF MATERIALS OR THIRD PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OUR SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE SERVICE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OTHER MALWARE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL RIEDMAN BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICE, YOUR INABILITY TO USE THE SERVICE OR ANY CONTENT APPEARING ON THE SERVICE. IN NO EVENT WILL RIEDMAN BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

RIEDMAN TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT PROVIDED BY YOU, ANOTHER USER, OR THIRD PARTY THROUGH OUR SERVICE. RIEDMAN IS NOT RESPONSIBLE FOR ANY CONTENT THAT MAY BE INAPPROPRIATE, OFFENSIVE, MISLEADING, ILLEGAL, OR OTHERWISE OBJECTIONABLE.

We do not warrant that the Service will be uninterrupted, timely, secure or error-free. There may be delays, errors, defects, omissions, interruptions and inaccuracies in the information or other materials available on or through the Service. Riedman is not responsible for the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, the content of the Service, or other any other website that may be linked to on through the Service.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. In those jurisdictions which prohibit the exclusion or limitation of liability for consequential or incidental damages, any such liability shall be limited to the maximum extent permitted by law. In no event will Riedman’s aggregate liability for any and all claims related to the Services exceed $100 US or the amount you paid to Riedman, if any, in the last 12 months, whichever is greater.

Indemnity

You agree to indemnify, defend, and hold Riedman, its, subsidiaries, affiliates, officers, directors, employees, and agents harmless, at your sole expense, from and against any claim, action, legal proceeding, damages, liability, settlements, expenses (including reasonable attorneys´ fees) and other costs arising out of or relating to (a) your access or use of the Service; (b) your User Contributions; (c) your breach or alleged breach of these Terms or the documents it incorporates by reference; (d) your negligence or misconduct; or (e) a claim that your use of the Service infringes the copyright, trademark, trade secret, patent or other rights of a third party. Riedman may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations. You agree to cooperate as fully required by Riedman in the defense of such claims.

Digital Millennium Copyright Act

Riedman respects the intellectual property rights of others and Riedman asks its users to do the same. If you are a copyright owner or an agent thereof and believe that any of the content or material on the Site infringes upon your copyrights, you may submit a notification to Riedman pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Riedman’s Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):

A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;
Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Riedman’s Designated Agent for receiving notifications of claimed infringement is:

Riedman Development Corporation

Attn: DMCA Representative

45 East Avenue, Fifth Floor

Rochester, NY 14604

In accordance with the DMCA and other applicable law, Riedman has adopted a policy of terminating, in appropriate circumstances and at Riedman’s sole discretion, users who are deemed to be repeat infringers. Riedman may also, in Riedman’s sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of whether there is any repeat infringement.

Arbitration; Class Action Waiver

Please read this section carefully as it sets forth how disputes between you and Riedman will be resolved. Except as otherwise provided in the Terms, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

Arbitration Agreement

In the event of any disputes or claims that arise between you and Riedman arising out of, relating to, or connected in any way with the Services or the breach, enforcement, interpretation, application, or validity of these Terms (collectively, “Claims”), you and Riedman agree that any such Claims will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”). Notwithstanding the foregoing, in lieu of arbitration, either you or Riedman can bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and you agree that you or Riedman may bring suit in court for Claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents) or emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitration Rules

You and Riedman agree that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted under the then current and applicable Consumer Arbitration Rules (“Rules”) of the American Arbitration Association (“AAA”) available online at www.adr.org. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of New York.

Initiating Arbitration

If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to us at: Riedman Development Corporation, Attn: Legal, 45 East Avenue, Fifth Floor, Rochester, NY 14604. If Riedman intends to seek arbitration, Riedman will send a Notice to the current email address on your account or in its possession. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to us at: Riedman Development Corporation, Attn: Legal, 45 East Avenue, Fifth Floor, Rochester, NY 14604, and we will send such copy to the current email address on your account or to your attorney, if you have retained one.

Fees and Location

Payment of all filing, administration, case management, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the applicable AAA Rules. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. At the end of any arbitration, the arbitrator may award reasonable attorneys’ fees and costs or any portion thereof to either party upon determining that the Claim, cross-Claim, or defense is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)) to the extent authorized by applicable law. If your Claim is for $10,000 US Dollars or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your Claim exceeds $10,000 US Dollars, the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the AAA Consumer Arbitration Rules.

Arbitrator’s Decision

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Riedman waives its right to seek attorneys’ fees and costs in arbitration.

Choice of Law, Forum Selection, & Jury Waiver

Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the Site and all matters arising out of or related to these Terms will be governed by the applicable laws of the United States of America and the laws of the State of New York, without regard to choice of law principles. Unless you and Riedman agree otherwise, in the event that it is determined or these Terms provide that a Claim should not proceed through arbitration, you agree that any Claim (with the exception of a Claim appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the Western District of New York, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the Western District of New York for any such Claim, then the exclusive forum and venue for any such action shall be the courts of the State of New York located in Monroe County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Riedman both waive your right to a jury trial, unless such waiver is unenforceable.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

Mass Arbitration Rules

If twenty-five (25) or more claimants file, or indicate an intention to file, demands for arbitration against Riedman raising substantially identical claims, and counsel for the claimants are the same or coordinated across such claims (a “Mass Arbitration”), these special rules shall apply. In the case of a Mass Arbitration, to the extent there is a conflict between these Mass Arbitration rules and any other terms related to dispute resolution, these Mass Arbitration rules will control.

Each individual claim that is part of a Mass Arbitration must complete the informal settlement process before it can proceed further. Counsel for Riedman and claimants may agree to the submission of a single Notice for all Mass Arbitration claims provided it identifies each claimant by name and address. Once the sixty (60) day informal settlement period has ended for all Mass Arbitration claims, the Mass Arbitrations must then follow a bellwether procedure (described below) in which a group of ten (10) selected claims is arbitrated (each a “Bellwether Arbitration”) followed by a mandatory mediation process through which one or more Mass Arbitration claims may be settled.

Counsel for claimants and counsel for Riedman shall each select five (5) claims for Bellwether Arbitrations (ten (10) in total) to be promptly decided individually as a Bellwether Arbitration conducted pursuant to the individual arbitration rules set forth in these terms, above, with each case assigned to a separate arbitrator. Riedman reserves the right, at its sole discretion, to permit counsel for claimants to select all ten (10) Bellwether Arbitration cases. Each Bellwether Arbitration shall be completed within one-hundred-twenty (120) days from the date of its selection as a Bellwether Arbitration. In the meantime, no other demands for arbitration may be processed or in any way deemed filed, but instead shall be stayed until the mediation process required by the Mass Arbitration rules has ended, and no fees or arbitrator compensation shall be assessed regarding such stayed cases beyond initial filing fees. For such stayed claims, all applicable statutes of limitation shall also be stayed until the mediation process required by these Mass Arbitration rules has ended.

Upon the resolution of the ten (10) Bellwether Arbitration cases, Riedman and claimants or their counsel shall participate promptly and in good faith in non-binding confidential mediation for a period of sixty (60) days. This mediation shall be conducted by the AAA under the Mediation Procedures of the AAA as may be in effect at that time.

If the Bellwether Arbitrations and mediation are unsuccessful in resolving all Mass Arbitration claims, Mass Arbitration claimants whose claims have not been resolved may pursue their claim on an individual basis, but only with FairClaims, Inc. (“FairClaims”), to be arbitrated under the FairClaims’s Small Claims Rules & Procedures. You and We agree to split FairClaim’s fees equally, while reserving the right to ask the arbitrator to allocate the fees differently if fairness so requires.

If the AAA is for any reason unavailable or unable to handle Bellwether Arbitrations or the mediation called for these Mass Arbitration rules, counsel for claimants and Riedman shall negotiate in good faith for the substitution of another organization or individual to carry out these functions in a manner that is cost effective to both parties and proceeds in accordance with the requirements of our arbitration agreement, including with these Mass Arbitration rules. If such an agreement cannot be reached, counsel for claimants or Riedman may petition a court of competent jurisdiction to appoint an organization or individual to conduct an arbitration consistent with the requirements of our arbitration agreement, including these Mass arbitration rules.

Jury Trial & Class Action Waiver

EXCEPT AS THE TERMS OTHERWISE PROVIDE, YOU AND RIEDMAN AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US IS WAIVING THE RIGHT TO A TRIAL BY JURY AND EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RIEDMAN AGREE OTHERWISE, YOU AGREE THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR OR COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER RIEDMAN CUSTOMERS. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY ON AN INDIVIDUAL BASIS AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THE INDIVIDUAL CLAIM.

IF ANY TERM IN THE IMMEDIATELY PRECEDING PARAGRAPH IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO ANY CLAIM OR REQUEST FOR RELIEF, THEN THE PARTIES AGREE THAT SUCH CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.

Investigations; Cooperation with Law Enforcement; Termination; Survival

As permitted by applicable law, Riedman reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by Riedman in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by Riedman to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third-party. Any suspension or termination will not affect your obligations to us under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from us, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Riedman in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.

Severability

If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.

Complete Terms

Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Riedman. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.