Please read this agreement ("Agreement")
carefully before accessing or utilizing this
web site ("Site"). By accessing or
utilizing the Site, you agree to be bound by
this Agreement. DJM Realty, LLC ("DJM"),
its affiliates and agents provide the information
and services on this Site to you, the user,
conditioned on your acceptance without modification
of the terms, conditions and notices contained
herein. Your use of the Site constitutes your
agreement to all such terms, conditions and
notices. The information and services offered
on or through the Site are provided with the
understanding that neither DJM nor its affiliates
or users are engaged in rendering legal or
other professional services or advice. Your
use of the Site is subject to the additional
disclaimers and conditions that may appear
throughout the Site. DJM, its affiliates and
agents assume no responsibility for any consequence
relating directly or indirectly to any action
or inaction that you take based on the information,
services or other material on the Site or which
you may access through the Site. While DJM
strives to keep the information on this Site
accurate, complete and up-to-date, DJM, its
affiliates and agents cannot guarantee such
information, and will not be responsible for
any damage or loss related to, the accuracy,
completeness or timeliness of the information.
LIMITATION AND PROHIBITED USES
You may access, download and print materials
on this Site. You may not modify, copy, distribute,
transmit, display, perform, reproduce, public,
license, create "Derivative Products" from,
frame in another Web page, use on any other
Web site, transfer or sell any information,
software, databases or other lists, products
or services obtained from this Site. "Derivative
Products" shall mean products that result
from or are the compilation and analysis of
Data records from DJM's Database and that generally
do not include sufficient detail on individual
records to identify specific properties or
transactions. Examples would include market
trending reports, rental rate studies and capitalization
rate studies. The foregoing prohibition expressly
includes, but is not limited to, the practices
of framing, or database scraping to obtain
lists of users or other information. If and
when requested or permitted by DJM you agree
to provide true, accurate and complete user
information and to refrain from impersonating
or falsely representing your affiliation with
any person or entity. Except with the written
permission of DJM you agree to refrain from
accessing or attempting to access password
protected, secure or non-public areas of this
Site. Unauthorized individuals attempting to
access prohibited areas of this Site may be
subject to prosecution.
PROPRIETARY RIGHTS
All materials on this Site (as well as the
organization and layout of the Site) are owned
and copyrighted or licensed by DJM and its
affiliates. (© 2006 DJM Realty,
LLC. All rights reserved). No reproduction,
distribution, or transmission of the copyrighted
materials at this Site is permitted without
the express written permission of DJM.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site,
you warrant to DJM that you will not use this
Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. If
you violate any of these terms, your permission
to use the Site automatically terminates.
LINKS TO THIRD PARTY SITES
This Site may contain hyperlinks to web sites
operated by parties other than DJM or its affiliates.
Therefore, clicking on a category in the Site
may bring you to a site operated by a party
independent of DJM or its affiliates. Such
hyperlinks are provided for your reference
only. DJM does not control such web sites,
and is not responsible for their contents.
Inclusion of hyperlinks by DJM or its affiliates
to such web sites does not imply an endorsement
of the material on such web sites or any association
with their operators, and you access and use
such sites, including information, material,
products and services therein, solely at your
own risk. Furthermore, because the DJM privacy
policy is applicable only when you are on our
Site, once linked to another web site, you
should read that site's privacy policy before
disclosing any personal information.
CHANGES TO SITE
DJM its affiliates and/or agents may make
improvements or changes in the information,
services, products, and other materials on
this Site, or terminate this Site, at any time
without notice. DJM may modify this Agreement
at any time, and such modifications shall be
effective immediately upon posting of the modified
Agreement. Accordingly, you agree to review
the Agreement periodically, and your continued
access or use of this Site shall be deemed
your acceptance of the modified Agreement.
LIABILITY DISCLAIMER
You use this Site at your own risk. If your
use of this Site or the materials therein results
in the need of servicing or replacing property,
material, equipment or data, neither DJM nor
its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES PUBLISHED ON THIS SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. DJM ITS AFFILIATES AND/OR ITS RESPECTIVE
AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THIS SITE AT ANY TIME WITHOUT NOTICE.
ALL INFORMATION, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. IN NO EVENT SHALL DJM ITS AFFILIATES
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY AWAY CONNECTED
WITH THE USE OF THIS SITE OR WITH THE DELAY
OR INABILITY TO USE THIS SITE, OR FOR ANY
INFORMATION, PRODUCTS, OR SERVICES OBTAINED
THROUGH THIS SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THIS SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF DJM ITS AFFILIATES OR ANY OF ITS
AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
DJM, its affiliates and agents from any liability,
loss, claim and expense (including attorneys'
reasonable fees) related to your violation
of this Agreement.
LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOST INCOME
OR LOST REVENUE WHETHER BASED IN CONTRACT,
TORT OR ANY OTHER THEORY. Any cause of action
arising from or in connection with this Agreement
shall be asserted within one (1) year of the
date upon which such cause of action accrued,
or the date upon which the complaining party
should have reasonably discovered the existence
of such cause of action, whichever is later.
DISPUTE RESOLUTION AND ARBITRATION
Notwithstanding anything to the contrary
in this Agreement, the parties irrevocably
agree that all claims and disputes relating
in any way to this Agreement shall be referred
to final and binding arbitration in the State
of New York. Any arbitration shall be final
and binding and the arbitrator's order will
be enforceable in any court of competent jurisdiction.
The costs of the arbitration shall be borne
by the parties as may be specified in the determination
of the arbitrator.
MISCELLANEOUS
This Agreement and the resolution of any
dispute related to this Agreement or this Site
shall be governed by and construed in accordance
with the laws of the State of New York without
giving effect to any principles of conflicts
of law. Failure by DJM or its affiliates to
insist upon strict enforcement of any provision
of this Agreement shall not be construed as
a waiver of any provision or right. DJM logos,
product and service names are trademarks owned
by and/or licensed to DJM or its affiliates
(the "Marks"). Without the prior
written permission of DJM or its appropriate
affiliates, you agree not to display or use
in any manner, the Marks.
