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Commercial Property Appraisal - Terms of Use
Commercial Property Appraisal
Commercial Property Appraisal
 


Terms of Use

December 2005

ATTENTION: PLEASE READ THESE TERMS OF USE (“SITE TERMS”) CAREFULLY BEFORE USING THIS COMMERCIAL PROPERTY APPRAISAL WEB SITE. THESE SITE TERMS APPLY EXCLUSIVELY TO YOUR ACCESS TO, AND USE OF, THIS WEB SITE. COMMERCIAL PROPERTY APPRAISAL OFFERS THIS SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE OF THESE SITE TERMS WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS THIS WEB SITE.

We reserve the right to change or modify any of the Site Terms and the Site, at any time. If we decide to change our Site Terms, we will post a new version on our site and update the date. Your use of any of the Site following the posting of changes or modifications to the Site Terms will constitute your acceptance of the revised Site Terms.

Privacy

We believe strongly in providing you notice of how we collect and use your data, including personally identifying information, collected from this web site. We have adopted a Privacy Statement to which you should refer to fully understand how we collect and use personally identifying information.

Use of Site

This web site and all information and materials included in the web site, including valuation reports (hereinafter referred to as a “Report”) are only for your personal use. You may access, download and print materials on this website for your personal, non-commercial use. You will not use this web site or any information or materials included in this web site, including Reports, for commercial purposes. You will not use this web site or any information or materials included in the web site in any way that is unlawful, or harms Commercial Property Appraisal and/or its suppliers, partners or advertisers. Commercial Property Appraisal prohibits to the maximum extent allowable the resale, redistribution, and use of the information or materials included in this web site for commercial purposes. You may not engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information from this web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this web site. The reposting, manipulation, display or other web-based presentation of data obtained through the Commercial Property Appraisal web site (or co-branded web site) on the Internet or through email is strictly prohibited and may constitute copyright, trademark or service mark infringement. In the event that any subscriber is determined to be engaged in any activities prohibited in this section, Commercial Property Appraisal may seek injunction in any court located in Santa Clara County, California or the United States District Court for The Northern District of California and the subscriber, through the use of this site, consents to the jurisdiction of said courts and shall and agrees to be liable for all attorneys fees incurred as the result of any enforcement of any injunction for legal action related to any wrongful action referenced herein.

Responsibility for Your Conduct

You are solely liable for your conduct or any information that you upload or transmit to this web site. You may not provide false or misleading information to this web site or submit information under false pretenses. Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of this web site if you provide false or misleading information or submit information under false pretenses.

You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any applicable law. You are also prohibited from posting or transmitting any content which contains viruses or other contaminating or destructive features, violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity.

Each person that is provided with a password and user ID to use this web site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality of any password connected with your account.

Commercial Property Appraisal does not sell products for children. If you are under 18, you may use Commercial Property Appraisal only with involvement and approval of a parent or guardian.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Reports.

No Endorsements & User Waiver of Claims

User acknowledges that Commercial Property Appraisal sells no real estate or real estate services ("Product") through this web site. Certain real estate brokers, lenders, or other real estate service providers (collectively, the "Vendors") may post information on this web site or contact you at your request, but User understands that Commercial Property Appraisal is not affiliated with any such Vendors and in no way endorses or recommends any particular Vendor. User is in no way obligated, required or encouraged to utilize any of the Vendors posting information on this web site. If User decides to utilize a Vendor, any transaction, offer to buy or sell or related communication conducted on this site is solely between User and Vendor. The exclusive remedy arising from communications on or through this web site is between User and relevant Vendor. User agrees that, in return for permission to use the Web Site, he or she waives any and all claims against Commercial Property Appraisal that are connected to use of this web site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings on this web site, are non-confidential (subject to our Privacy Policy). We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and Commercial Property Appraisal as a result of use of this web site.

External links

Commercial Property Appraisal may provide links to third party websites, and some of the content appearing to be on this website may in fact be supplied by third parties (i.e. instances of framing of third party websites or incorporation of content through framesets). Commercial Property Appraisal assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites.

Any links contained on this website shall not be construed as an endorsement by Commercial Property Appraisal of any such linked website. Commercial Property Appraisal has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to this website, please contact us and we will determine if the link should be removed from this website.

Disclaimer

THIS WEB SITE AND THE INFORMATION, DATA, MATERIALS, CONTENT, LINKS, SERVICES, REPORTS AND PRODUCTS ON THE WEB SITE (COLLECTIVELY THE “MATERIALS”) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE AND THE MATERIALS IS AT YOUR SOLE RISK. COMMERCIAL PROPERTY APPRAISAL AND ITS SUPPLIERS, PARTNERS, AFFILIATES OR OTHER THIRD PARTIES MENTIONED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE WEB SITE AND MATERIALS.

COMMERCIAL PROPERTY APPRAISAL AND ITS SUPPLIERS, PARTNERS, AFFILIATES OR OTHER THIRD PARTIES MENTIONED IN THIS WEB SITE DO NOT REPRESENT OR WARRANT THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. COMMERCIAL PROPERTY APPRAISAL AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE WE ATTEMPT TO ENSURE YOUR ACCESS AND USE OF THE WEB SITE IS SAFE, COMMERCIAL PROPERTY APPRAISAL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMMERCIAL PROPERTY APPRAISAL IS NOT A LICENSED APPRAISER AND NO ASPECT OF OUR SERVICE IS AN APPRAISAL. OUR REPORTS CANNOT REPLACE AN APPRAISAL OR SIMILAR REPORT RENDERED BY A LICENSED, PROFESSIONAL APPRAISER. ALWAYS CONSULT A LICENSED APPRAISAL PROFESSIONAL BEFORE CONTEMPLATING ANY REAL ESTATE TRANSACTION. THE MATERIALS AND INFORMATION ON THIS WEB SITE ARE PROVIDED TO HELP OUR USERS MAKE INFORMED PERSONAL REAL ESTATE BUYING, SELLING AND OWNERSHIP DECISIONS, BY ESTIMATING VALUE AND ASSESSING RISK.

Limitation of Liability

IN NO EVENT WILL COMMERCIAL PROPERTY APPRAISAL OR ANY OF ITS SUPPLIERS, PARTNERS, AFFILIATES OR OTHER THIRD PARTIES MENTIONED IN THIS WEB SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

Indemnification

User agrees to indemnify and hold harmless Commercial Property Appraisal, at User's sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys' fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User's negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party.

Cancellations

Commercial Property Appraisal has a strict NO REFUND POLICY. In addition, refunds will not be issued to a user based upon their personal views or opinions of Commercial Property Appraisal and the valuation reports created. This includes the quality of content, etc. Any exception to this policy is the sole discretion of Commercial Property Appraisal.

Termination

If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed content. In addition, we may terminate or suspend your access to this web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use this web site or any downloaded content, including the Reports, will immediately cease.

Applicable Law and Venue

These terms and conditions are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions can be filed only in state or federal court located in Los Gatos, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

General Terms

If any part of the Site Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Site Terms will continue in effect. We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in this web site. Except as expressly stated herein, the Site Terms constitute the entire agreement between you and us with respect to this web site.

Copyright, Trademark and Patent Notices

Portions of this web site are protected by United States Patents (pending). All contents of this web site are © 2006 Commercial Property Appraisal and/or its suppliers, partners, affiliates or other third parties mentioned in this web site, 1484 Pollard Road, Suite 415, Los Gatos, California, 95032 U.S.A. All rights reserved. The Commercial Property Appraisal logo, and/or other Commercial Property Appraisal products and services referenced herein may also be either trademarks or registered trademarks of Commercial Property Appraisal in the United States and/or other countries. The names of actual companies and products mentioned in this web site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Your misuse of the trademarks displayed on this web site, or any other content on this web site, is strictly prohibited.

Commercial Property Appraisal hereby authorizes you to display on your computer, download and print pages of this web site, subject to the following provisions: (i) the copyright notice appears on all such printouts; (ii) the information will not be altered in any manner; and (iii) the content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.

The parties have required that the Site Terms and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s`y rattachent soient rédigés en anglais.

 

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