Terms and Conditions
User Agreement and Terms and Conditions For Purchase and Use of RERC Research
This agreement pertains to all RERC research, including information provided in the RERC Real Estate Report, the RERC DataCenter™, the annual Expectations & Market Realities in Real Estate report, and any miscellaneous current or historical RERC data/research.
The provisions provided herein shall form the agreement under which RERC will provide access to RERC’s research. By signing this agreement you are agreeing to abide by the following terms.
It is understood that you are purchasing a user license to RERC’s research. This agreement provides no other company or individual outside the company named herein to have access to the RERC Real Estate Report through your subscription.
Except as specifically authorized by RERC, you shall not, nor shall you permit anyone to: a) edit, modify, access, adapt, translate, port, reproduce, transfer, lend, sell, lease, rent, sublicense, assign, or otherwise transfer any RERC research; b) prepare any derivative work based upon RERC research or any component; c) reverse engineer, disassemble or decompile RERC research or any component thereof, or attempt to discover or disclose the source code; d) copy, distribute, sublicense, or resell RERC’s research or any portion thereof, its media, or output; e) directly or indirectly use, rent, resell, change, recompile, or manipulate any of the information or compilations of data, or any portion thereof, for commercial gain, nor for purposes of external distribution or publication; f) permit or allow any other person to use or access the username and password provided to you; g) attempt to or actually disrupt, impair, interfere with, alter, or modify RERC’s data or presentation thereof; or h) otherwise retransmit, distribute, disseminate, sell, publish, or circulate charts, data or other information received through RERC’s service to anyone without the express prior written consent of RERC.
You acknowledge that all RERC research and all intellectual property rights related thereto, including, but not limited to the content contained therein, remain the property of RERC.
Terms and Conditions of Use
RERC’s research is provided solely for general information, and does not constitute real estate, legal, tax, accounting, or other professional advice. The information provided in RERC’s research is intended for use as background on the real estate industry as a whole and not as support for any particular real estate investment or security. Although RERC uses only sources that it deems reliable and accurate, RERC does not warrant the accuracy of the information contained herein. Before acting on any information provided by RERC, 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 RERC’s research 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. RERC may notify and reset Customer’s user password from time to time. RERC may terminate Customer’s subscription to RERC research or deny access to all or part of RERC’s research without prior notice if Customer violates any of the terms of this Agreement. RERC reserves the right to audit and electronically monitor usage of RERC information, and the frequency and duration of a Customer’s online activity. RERC may terminate Customer’s subscription to RERC’s research at such time as Customer is acquired by any third party, which in the reasonable opinion of RERC, is a competitor of RERC. In the event of a merger or acquisition of Customer with another entity, including another RERC customer, separate terms must be negotiated to add or combine any user/user groups from the new entity with Customer.
Customer may use RERC research only in the ordinary course of its business operations for its own internal business purposes. Customer may copy information from RERC 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 RERC’s research; (b) use RERC’s research as part of any effort to compete with RERC, including without limitation, using RERC’s research to provide, alone or in combination with any other product or service, any services to any third party or any use that causes a reduction or loss of RERC research sales from an existing or potential customer; © sell, market, license, sublicense, distribute, or otherwise grant to any person any right to use RERC’s research; (d) add display or create derivative works from RERC; or (e) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded on RERC’s research. All rights not explicitly granted under this Agreement are expressly reserved by and to RERC.
RERC’s 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 as defined below, title, and interest lie exclusively with RERC and its data suppliers. This Agreement is not an agreement of sale, and no title or Intellectual Property Rights or other ownership rights to RERC are transferred to Customer pursuant to this Agreement. Customer acknowledges that the restrictions in this Agreement are reasonable and necessary to protect RERC and its data suppliers' legitimate business interests. Customer also acknowledges that the real property ownership information is proprietary information of RERC and its data suppliers and has been furnished to Customer in trust. Customer acknowledges that RERC information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money.
RERC collects information from 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, among others. RERC 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 access RERC’s research 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 in this document. We will also provide to you a summary of the personally identifiable information we maintain about you, and, if requested by you, changes to the information if the information is inaccurate, out-of-date, or incomplete. Because maintaining the privacy of sensitive information in our possession is important to us, we employ a firewall as a security measure, and also ensure that data stored in databases are secured by additional login authentication. Please be advised that the confidentiality of any communication or material transmitted to RERC via the Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name.
RERC 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 RERC is at Customer’s risk, and RERC 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 RERC in any way. RERC research is provided as is and as available. RERC and its data suppliers make no representations and warranties, 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 the course of dealing, course of performance, or usage in trade regarding the services or deliverables or any other matter pertaining to this agreement. RERC and its data suppliers are not responsible for any errors or omissions.
Customer assumes the sole responsibility for the use of RERC’s research to achieve Customer’s intended results. Customer shall defend RERC and its affiliates, and the directors, officers, employees, independent contractors, data suppliers, and agents of RERC and its affiliates, at Customer’s sole cost and expense, against any and all demands, claims, actions, suits, or other proceedings (“claims”) against RERC arising from or related to Customer’s selection or use of RERC research, whether or not such use is in accordance with this Agreement, and shall indemnify and hold RERC 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 shall be reduced to the extent that Customer is actually prejudiced by RERC’s failure to give notice of a claim to Customer promptly after RERC learns of such claim. Customer shall have the right to control the defense and settlement of any claims for which Customer is obligated to indemnify and hold accountable, but RERC shall have the right to participate in such claims at its own cost and expense.
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