Situs Insight CRE Information Portal and the Situs Insight Newsletter (“Situs Insight”) and other information, reports and services are offered by Situs Insight LLC (“Situs”) to customers and are provided solely for general information, and do not constitute real estate, legal, tax, accounting, or other professional advice. Before acting on any information provided by Situs Insight, Customer should consult an appropriate professional.
Customer shall: (a) provide accurate, current and complete registration information and (b) maintain and update this information to keep it accurate, current and complete. Only a registered Customer user may access Situs Insight using Customer’s user name and password. Each Customer user must enroll separately and complete his or her own registration. Transfer or assignment of a Customer’s password or user name to any person is strictly prohibited. Situs reserves the right to require Customer to reset Customer’s user password from time to time. Situs may terminate Customer’s subscription to Situs Insight or deny access to all or part of Situs Insight without prior notice if Customer violates any of the terms of this Agreement. Situs may terminate Customers subscription to Situs Insight at such time as Customer is acquired by any third party which in the reasonable opinion of Situs is a competitor of Situs. Situs reserves the right to audit and electronically monitor the number of requests for information a Customer submits, and the frequency and duration of a Customer’s online activity. Customer agrees to pay all fees and charges incurred in connection with Customer’s subscription, username, and password as provided under Customer’s Subscription Agreement. In the event of a merger or acquisition of Customer with another entity, including another Situs customer, separate terms must be negotiated to add or combine any user/user groups from the new entity with Customer.
Customer may use Situs Insight only in the ordinary course of its business operations for its own internal business purposes. Customer may copy information from Situs Insight to the extent reasonably necessary to exercise its rights and perform its obligations under this Agreement. Except as expressly provided by this Agreement, Customer shall not, nor shall it permit any other person to, (a) make or retain any copy of Situs Insight; (b) use Situs Insight as part of any effort to compete with Situs, including without limitation, using Situs Insight to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of Situs Insight sales from an existing or potential customer; (c) sell, market, license, sublicense, distribute, or otherwise grant to any person any right to use Situs Insight ; (d) add display or create derivative works from Situs Insight; or (e) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded on Situs Insight . All rights not explicitly granted under this Agreement are expressly reserved by and to Situs.
Situs Insight images, illustrations, designs, icons, graphs, charts, lists, photographs, and written and other materials are provided on strictly limited use basis. All rights, including without limitation, Intellectual Property Rights (defined below), title, and interest lie exclusively with Situs and its data suppliers. This Agreement is not an agreement of sale, and no title or Intellectual Property Rights or other ownership rights to Situs Insight are transferred to Customer pursuant to this Agreement. Customer acknowledges that the restrictions in this Agreement are reasonable and necessary to protect Situs and its data suppliers legitimate business interests. Customer acknowledges that the real property ownership information is proprietary information of Situs and its data suppliers and has been furnished to Customer in trust. Customer acknowledges that the real property ownership information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Situs collects information from our subscribers during the subscription/registration process and may also do so from subscribers and Site visitors at other times. This information may be of any type, kind, or amount, individually identifiable or not, and may range from data we need to validate your subscription, such as your name and address, to the information gathered through aggregated tracking, derived mainly by tallying page views throughout our Site, to user activity and identification we gather through the use of Web cookies or Web bugs, among others. Situs does not disclose to third parties any personal information that discloses your identity without first notifying you and giving you an opportunity to elect not to have such information disclosed. We employ cookie technology to enable us to recognize users and their access privileges on the Site, as well as to track site usage, among others. A cookie is a small text file that many web sites write to your hard drive when you visit them. Cookies also enable you to enter the Site as a subscriber without having to log on each time. If available, you may choose to set your browser to warn you before accepting cookies. You must enable cookies to use this Site. We may send subscribers e-mail notifications of new Site features and Site Services. We reserve the right to contact any subscriber at any time regarding subscription renewals or other subscription- or Site-related problems, issues, and questions, including, but not limited to, changes to our Terms of Service. Upon request, we will provide to you a summary of the personally identifiable information we maintain about you, and, if requested by you because the information is inaccurate, out-of-date, or incomplete, we will modify that information. Because maintaining the privacy of sensitive information in our possession is important to us, we employ the following security measures: This site uses a firewall. Data stored in databases is secured by additional login authentication. Please be advised that the confidentiality of any communication or material transmitted to Situs via the Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.
Situs Insight maintains information and reports that have been compiled from public and private sources believed to be reliable. Any reliance upon this information and data from Situs Insight is at Customer’s risk, and Situs and its data suppliers shall not be responsible to Customer or any third party for any liability arising from or related to the use of Situs Insight in any way. SITUS INSIGHT IS PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS, AND SITUS AND ITS DATA SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE REGARDING THE SERVICES OR DELIVERABLES OR ANY OTHER MATTER PERTAINING TO THIS AGREEMENT. SITUS AND ITS DATA SUPPLIERS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS.
Customer assumes the sole responsibility for the use of Situs Insight to achieve Customer’s intended results. Customer shall defend Situs and its affiliates, and the directors, officers, employees, independent contractors, data suppliers, and agents of Situs and its affiliates (“Situs Indemnitees”), at Customer’s sole cost and expense, against any and all demands, claims, actions, suits, or other proceedings (“Claims”) against Situs Indemnitees arising from or related to Customer’s selection or use of Situs Insight whether or not such use is in accordance with this Agreement and shall indemnify and hold Situs Indemnitees harmless from any and all judgments, losses, liabilities, damages, costs, and expenses (including without limitation, reasonable attorney's fees and attorney's disbursements) arising out of or incurred in connection with such Claims. Customer’s liability under this Selection and Use Indemnification shall be reduced to the extent that Customer is actually prejudiced by Situs’s failure to give notice of a Claim to Customer promptly after Situs learns of such Claim. Customer shall have the right to control the defense and settlement of any Claims for which Customer is obligated to defend, but Situs shall have the right to participate in such Claims at its own cost and expense.