This Host Connect Acceptable Use Policy (this “AUP
”) applies to use of the Host Connect services, including without limitation the mobile application installed on your mobile device (the “Services
”) under the user account assigned to you (your “Account
”) upon your first use of the Services. The terms of this AUP are in addition to any terms applicable to your use of the Services under the Host Connect Services Agreement (the “MSA
”) and End User License Agreement (the “EULA
”). You agree that all use of the Services under your Account will conform at all times with this AUP. Neither CBRE, Inc. nor any of its affiliated companies (“CBRE
”) would be willing to provide the Services to you but for your agreement to use the Services in accordance with this AUP. The terms “you” and “your”, as used in this AUP, refer to any particular individual who accesses the Host Connect services pursuant to a EULA or MSA.
You agree not to misuse the Services, permit anyone to use your Account to misuse the Services, or assist anyone to misuse the Services. Without limiting the scope of the preceding sentence, you may not use the Services in any of the following ways:
- developing, operating or supporting (or assisting a third party to develop, operate or support) any product or service that is competitive with any Services;
- permitting a third party, which is not eligible to access or use the Services, to access or use the Services;
- misrepresenting your identity or your affiliation with a company or other organization;
- renting or sublicensing any Services, using any Services for any timesharing or service bureau purposes, or using any Services to process the data of an unaffiliated third party;
- intentionally or knowingly using the Services in a manner that interferes with the use of any Services by any of CBRE’s other customers or any of their users, or could damage, disable, overburden, impair or compromise CBRE’s systems;
- modifying or circumventing, or attempting to modify or circumvent, any security features or access/use restrictions that are part of the Services;
- reproducing, modifying, preparing derivative works based on, publicly displaying, publicly performing or otherwise exploiting any elements of the Services, including any design elements of the screens or other user interfaces thereof;
- permitting the Services, or any portion thereof, to be combined with or incorporated in any other services or programs;
- sublicensing, subleasing, leasing, lending, assigning, selling, licensing, distributing, renting, exporting, re-exporting or granting other rights in the Services to anyone;
- reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code, object code or interface protocols of any Services, or the underlying structure, ideas, know-how or algorithms relevant to any Services or any software or data related to any Services by any means, except and solely to the extent that such a prohibition would violate applicable laws;
- removing, obscuring or altering any copyright and/or other proprietary notices contained on, in, or otherwise connected to the Services, including any output of the Services;
- using the App to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism;
- collect or harvest any information or data from the Services or CBRE’s systems or attempt to decipher any transmissions to or from the servers running the Services;
- disclosing the results of any benchmark tests of any Services;
- performing, or attempting to perform, any penetration testing of any Services; or
- storing, processing, displaying, transmitting, or otherwise distributing any Prohibited Content (as defined below).
Your violation of this AUP constitutes a material breach of the EULA and is grounds for immediate suspension or termination of your Account by CBRE. In addition, your violation of this AUP may give CBRE grounds to suspend or terminate its provision of services to your employer or other affiliated entity under the MSA. CBRE shall have no liability to you or to any third party for your violation of this AUP. Further, no failure or delay by CBRE in exercising, enforcing or otherwise availing itself of any of its rights or remedies under this AUP, the MSA, or the EULA will be construed as a waiver of such rights or remedies. No waiver by CBRE of any of its rights or remedies under this AUP with respect to your breach of this AUP will be construed as a waiver of such rights or remedies (or any other rights or remedies under this AUP, the MSA, or the EULA) with respect to a subsequent breach of such provision or any contemporaneous or subsequent breach of any other provision of this AUP. In addition to any other rights afforded to CBRE at law or in equity, CBRE reserves the right to remove or disable access to Prohibited Content, and CBRE shall have no liability in the event that CBRE takes such action.
” means information and materials that may (a) menace or harass any person or cause damage or injury to any person or property, (b) be defamatory, fraudulent, harassing, obscene, offensive, or indecent, (c) violate the privacy rights of any individual under applicable law, regulation, or self-regulatory framework governing the use, handling, collection, storage or disclosure of personal information which is applicable to the obligations of a party under this Agreement (“Privacy Laws”), or which violate any such applicable Privacy Laws, including obligations related to technical, administrative, or physical security measures, (d) promote bigotry, racism, hatred or harm, (e) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (f) constitute an infringement of intellectual property or other proprietary rights, or (g) otherwise violate applicable laws, ordinances or regulations.
LAST UPDATED: May 20, 2020