These Terms of Use and Disclosures constitute a legally binding agreement between Shorenstein Investment Advisers LLC and its affiliates (together, “Shorenstein Advisers,” “our,” “us,” or “we”) and you, the user of https://shorenstein.com/ and https://shorensteinrealty.hua.hrsmart.com/, including any subdomain thereof (collectively, the “Site”). By accessing the Site, you acknowledge that you have read and agree to these Terms of Use and Disclosures. These Terms of Use and Disclosures govern your use of the Site. Please read these Terms of Use and Disclosures carefully. If you do not agree with any of the terms and conditions contained herein, please do not access the Site.
Shorenstein Advisers reserves the right to amend these Terms of Use and Disclosures in its sole discretion. Shorenstein Advisers will post any changes to these Terms of Use and Disclosures on the Site, and changes are effective immediately upon posting. Your continued use of the Site after any such changes constitutes your acceptance, and agreement to be bound by, such of new terms and conditions. If you object to any of the changes to these Terms of Use and Disclosures, please stop accessing the Site. You should consult the “Terms of Use and Disclosures” bar on the Site each time you visit the Site and review any changes, as they are binding on you.
The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with Shorenstein Advisers. If you do not meet all of these requirements, you must not access or use the Site. By accessing this Site, you consent to transact business with us online and electronically.
PURPOSE OF THE SITE; NOT INVESTMENT ADVICE; NO RECOMMENDATIONS
The information presented on or through the Site is made available solely for informational purposes in relation to Shorenstein Advisers and its financing capabilities for prospective portfolio investments. Shorenstein Advisers does not warrant the accuracy, completeness or usefulness of any information on the Site. Any reliance you place on such information is strictly at your own risk. Shorenstein Advisers disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
The Site is not intended to provide legal, business, tax, accounting, investment or other advice. You agree not to construe any of the Content (as defined below) provided in connection with the Site as legal, business, tax, accounting, investment, financial or other advice. You agree that the Content provided in connection with the Site does not, and shall not be deemed to, constitute an offer to sell, or a solicitation to any person to buy, any security or other investment. You understand that none of the Content constitutes a recommendation that you or any other person purchase, sell or hold any security, property, investment product or other investment, or that you should pursue any investment strategy, and the Content is not to be relied upon for the purpose of making investment or other decisions. In addition, you understand and agree that all Content provided in connection with the Site is published without consideration of your individual circumstances, financial or otherwise. Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content provided in connection with the Site. You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial or other advice regarding any Content provided in connection with the Site.
The information on this Site includes information regarding Shorenstein Realty Services, L.P. (“SRS” or “Shorenstein Realty Services”), an affiliate of Shorenstein Advisers. References made to “Shorenstein” on this Site, refer to, as the context may require, 1) Shorenstein Advisers, the investment advisory business founded in 2023, and 2) SRS and certain legacy businesses, originally founded beginning in 1960, which made and managed real estate investments on behalf of the Shorenstein family and real estate investment vehicles. SRS and such legacy businesses do not provide investment advisory services and have not historically done so. Data on this website, including managed assets, employees and properties, includes data across Shorenstein Advisers and SRS and their affiliates, and is not specific to Shorenstein Advisers. Shorenstein Advisers and SRS have separate employees and functions. Information regarding current or historical managed assets is intended to illustrate Shorenstein’s real estate and property management services, including real estate and property management services provided by SRS. The portfolio investments listed should not be assumed to have been profitable.
REGULATORY DISCLOSURES
No Public Solicitation; Past Performance No Indication of Future Results. Shorenstein Advisers does not solicit or make its services available to the public. The Content provided on or through the Site may include information regarding past and/or present portfolio investments managed by Shorenstein Advisers, its affiliates and/or its personnel. It should not be assumed that investments made in the future will be comparable in quality or performance to the investments described herein. Further, references to past and present portfolio investments should not be construed as a recommendation of any particular investment or security. Any past performance information on the Site is not necessarily indicative, or a guarantee, of future results.
Forward Looking Statements. Certain information contained on the Site constitutes “forward-looking statements.” All forward-looking statements represent only the intent and belief of Shorenstein Advisers as of the date such statements were made. None of Shorenstein Advisers or any of its affiliates (i) assumes any responsibility for the accuracy and completeness of any forward-looking statements or (ii) undertakes any obligation to disseminate any updates or revisions to any forward-looking statement contained on the Site to reflect any change in their expectation with regard thereto or any change in events, conditions or circumstances on which any such statement is based. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements.
ESG. ESG goals and future initiatives described on the Site are aspirational and not guarantees or promises that all or any of such initiatives will be met. There can be no assurance that any of the ESG goals and future initiatives described on the Site will be available in the future, or will be completed as expected or at all. There is no guarantee that Shorenstein Advisers will successfully implement its ESG initiatives or make investments that create positive ESG impact while enhancing long-term value and achieving financial returns. To the extent that Shorenstein Advisers engages with portfolio investments on ESG-related practices and potential enhancements thereto, such engagements may not achieve the desired financial and social results, or the market or society may not view any such changes as desirable. Successful engagement efforts on the part of Shorenstein Advisers will depend on Shorenstein Advisers’ skill in properly identifying and analyzing material ESG and other factors and their impact-related value, and there can be no assurance that the strategy or techniques employed will be successful.
PRIVACY POLICIES
In addition to these Terms of Use and Disclosures, your use of and access to the Site is also subject to our Website Privacy Policy (the “Privacy Policy”) including our California Website Privacy Policy supplement (collectively, our “Privacy Policy Supplement”), which are incorporated by reference herein, as applicable. Our Privacy Policy and our Privacy Policy Supplement contain additional terms relating to our potential collection, use and disclosure of your personal information, as applicable. By accessing or using the Site, you agree that you have read, agreed to and understand our Privacy Policy and our Privacy Policy Supplement, as applicable.
If you choose, or are provided with, a user name, password or any other piece of information as part of Shorenstein Advisers’ 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 the Site or portions of it using your user name, password or other security information. You agree to notify Shorenstein Advisers immediately of any unauthorized access to or use of your user name or password or any other breach of security. 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. Shorenstein Advisers has the right to disable any user, whether chosen by you or provided by us, at any time in Shorenstein Advisers’ sole discretion for any or no reason, including if, in Shorenstein Advisers’ opinion, such user has violated any provision of these Terms of Use and Disclosures. Shorenstein Advisers reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, changing your password or requesting information to authorize transactions on your account.
WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
PROHIBITED CONDUCT
You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms of Use and Disclosures and any applicable law, rules or regulations. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws, rules or regulations. By way of example, and not as limitation, you agree that you may not:
- use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use of the Site;
- attempt to gain unauthorized access to the Site or the computer systems or networks connected to the Site through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- utilize any data provided on the Site (including third-party provided data) for purposes other than evaluating Shorenstein Advisers; transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; email or transmit any inappropriate, defamatory, infringing, obscene, or unlawful content;
- run Maillist, Listserv, or any form of auto-responder or “spam” on the Site;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, including to engage in the practices of “screen scraping,” “database scraping,” retrieving or indexing any portion of the Site, collecting information about its users for any unauthorized purpose or any other activity with the purpose of obtaining content or other information;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- download any file posted that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
- use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal or state securities or blue sky laws or regulations, securities exchange or self-regulatory organization’s rules or regulations, or equivalent laws or regulations in foreign jurisdictions);
- use the Site for any commercial purpose whatsoever other than for your own personal use.
OWNERSHIP
The trade names, trademarks, service marks, trade dress, logos and other indicia of source (collectively, “Marks”) found on the Site and any and all information and content available through the Site (including strategies, policies, business plans, research, concepts and other information (collectively, the “Content”)) are proprietary to Shorenstein Advisers or its licensors and are protected by intellectual property rights and unfair competition and other laws. You may not use any Mark or Content without the express written permission of the owner (whether Shorenstein Advisers or otherwise), and nothing contained in these Terms of Use and Disclosures or anywhere on the Site shall be construed as granting any license or right to use any Mark or Content.
Any rights not expressly granted herein are reserved.
USER-SUBMITTED INFORMATION
You are responsible for any content you transmit through the Site. You agree, represent, and warrant that any content you transmit through the Site or to us is truthful, accurate, not misleading and offered in good faith, and that you have the right to transmit such content. You shall not upload, post, or otherwise make available on or through the Site any content protected by copyright, trademark, or other proprietary right of any third party without the express written permission of the owner of such right(s) or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
We do not want you to, and you should not, send any confidential or proprietary content to us unless specifically requested by us. Please note that any unsolicited content sent to Shorenstein Advisers will be deemed not to be confidential or proprietary. You also agree that Shorenstein Advisers is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose.
THIRD-PARTY LINKS
From time to time, Shorenstein Advisers may provide links from the Site to websites operated by third parties. Shorenstein Advisers’ decision to do so is in no way an endorsement of these sites. Shorenstein Advisers does not monitor, edit or control such third-party sites and is not responsible in any way for the suitability of their content or for the quality of the products or services offered therein. Your choice to follow links to such websites is at your sole risk. When you click on a link to another website you will be leaving the Site. If you have any questions regarding a linked site, please direct them to the administrator of the relevant site. Shorenstein Advisers reserves the right to terminate any link at any time.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
SOCIAL MEDIA PAGES
Shorenstein Advisers may maintain a presence on social media websites, including Facebook, YouTube, LinkedIn, and Twitter (collectively, Social Media Pages), to provide a place for the public to learn more about Shorenstein Advisers and to share comments. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect the opinions or ideas of Shorenstein Advisers. All visitors to our Social Media Pages must comply with the respective social media website’s Terms of Use.
TERMINATION
The Site and these Terms of Use and Disclosures are in effect until terminated by Shorenstein Advisers. In addition to any right or remedy that may be available to Shorenstein Advisers under applicable law, Shorenstein Advisers may suspend, limit, or terminate all or a portion of your access to the Site or any of its features at any time with or without notice and with or without cause, including without limitation, if Shorenstein Advisers believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. The provisions of this Agreement concerning authorized use, intellectual property rights, disclaimer of warranty, limitation of liability and indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.
You agree that if your use of the Site is terminated pursuant to these Terms of Use and Disclosures, you will not attempt to use the Site under any name, real or assumed. You further agree that if you violate this restriction after your use of the Site is terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. We reserve the right to have all violators prosecuted to the fullest extent of the law.
DISCLAIMER OF WARRANTIES
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND, TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY SHORENSTEIN ADVISERS, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. SHORENSTEIN ADVISERS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
SHORENSTEIN ADVISERS DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE SITE OR THE CONTENT. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, SHORENSTEIN ADVISERS IS NOT LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON (1) THE SITE OR THE CONTENT, INCLUDING ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE CONTENT OR ANY FEATURE OF THE SITE, OR (2) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES WILL SHORENSTEIN ADVISERS BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR ANY OTHER DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY SERVICE OR CONTENT, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE OF ANY KIND), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF THE DAMAGES OR IF THE DAMAGES COULD HAVE BEEN FORESEEN.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
To the maximum extent not prohibited by applicable law, you agree that you will be solely responsible for, and that you will defend, indemnify and hold Shorenstein Advisers, its parents, subsidiaries and other affiliates and each of their respective officers, directors, agents, employees and representatives harmless from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms of Use and Disclosures or otherwise resulting from your use of the Site. Shorenstein Advisers reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Shorenstein Advisers for all liabilities, losses or damages. You agree to provide Shorenstein Advisers with whatever cooperation it reasonably requests.
LIMITATION ON TIME TO FILE CLAIMS
YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, UNLESS OTHERWISE REQUIRED BY LAW.
CONSENT TO COMMUNICATION
If you provide us with a telephone number, address, or email address, you expressly agree that we, or our authorized agents, can use that telephone number, address, or email address to contact you.
When you use the Site or send emails to Shorenstein Advisers, you are communicating with Shorenstein Advisers electronically. You consent to receive electronically any communications related to your use of the Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Shorenstein Advisers intended for receipt by a user shall be deemed delivered and effective when sent to the email address you provide on the Site.
MISCELLANEOUS
You may not assign or otherwise transfer these Terms of Use and Disclosures or your rights or obligations under it without Shorenstein Advisers’ prior written consent, and any attempted assignment or other transfer in violation of this provision shall be void ab initio. Shorenstein Advisers may assign these Terms of Use and Disclosures or any rights under these Terms of Use and Disclosures without your consent and without notice. Nothing in these Terms of Use and Disclosures may be used to construe you and Shorenstein Advisers as joint venturers, co-employers, partners or agents of each other, and neither you nor Shorenstein Advisers has the power to obligate or bind the other in any way whatsoever. Should any term or provision hereof be deemed invalid, void, illegal or unenforceable in any jurisdiction either in its entirety or in a particular application, the remainder of these Terms of Use and Disclosures shall nonetheless remain in full force and effect. Upon such determination that any term or other provision is invalid, void, illegal or unenforceable, such term or provision will be enforced to the maximum extent permitted by applicable law in such jurisdiction. The failure of Shorenstein Advisers at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. These Terms of Use and Disclosures shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law rules. Any legal proceeding arising out of or relating to these Terms of Use and Disclosures against or relating to Shorenstein or any indemnified party under these Terms of Use and Disclosures shall be brought and enforced in the courts of the State of Delaware or (to the fullest extent subject matter jurisdiction exists therefore) of the United States District Court for the District of Delaware, and, to the extent not prohibited by applicable law, you irrevocably submit to the non-exclusive jurisdiction of such courts in respect of any such action or proceeding. Service of process, summons, notice or other document by mail to your address shall be effective service of process for any proceeding brought in any such court. Additionally, you irrevocably and unconditionally waive any objection to the laying of venue of any proceeding in such courts and you irrevocably waive and agree not to plead or claim in any such court that any such proceeding brought in any such court has been brought in an inconvenient forum.
The terms and conditions set forth in these Terms of Use and Disclosures and any agreements included or referred to in these Terms of Use and Disclosures constitute the final, complete and exclusive agreement with respect to the Site and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
Headings and captions throughout these Terms of Use and Disclosures are for convenience only and should not be considered part of these Terms of Use and Disclosures. The word “including” means “including without limitation.”
If you have any questions or concerns about these Terms of Use and Disclosures or any issues raised in these Terms of Use and Disclosures or on the Site, please contact us via email at [email protected] or by phone at (415) 772-7000.