Last Updated on January 13, 2010.
The Institutional Property Advisors.com web site (the "Site") is a service of Marcus
& Millichap Real Estate Investment Services, Inc. ("M&MREIS"), a California
corporation. Institutional Property Advisors and M&MREIS are collectively
referred to in these Terms of Use as Marcus & Millichap", "us", "our" or
"we". These institutionalpropertyadvisors.com Terms of Use ("Terms of Use") set
forth the terms and conditions applicable to your access and use the Site.
BY ACCESSING OR USING THE SITE, REGISTERING WITH THE SITE AND/OR BY CHECKING THE
BOX SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF
USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT
AUTHORIZED TO ACCESS OR USE THE SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR
ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT
TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 5 AND 7 BELOW.
WE MAY REVISE THESE TERMS OF USE AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE
"LAST UPDATED" DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE
FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE
TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERTEXT
LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. YOUR CONTINUED ACCESS AND/OR USE OF
THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY
SUCH REVISED TERMS OF USE.
1. General Use and Restrictions.
1.1 Use of Site. Subject to the provisions contained in these Terms
of Use including, without limitation, Section 1.4 below, you may access and use
the Site solely to view information about the products and services offered by Marcus
& Millichap (including, without limitation, information about the properties
listed on the Site) for your own internal business purposes. You agree not to access
or use the Site for any other purpose including, without limitation, any purpose
that is prohibited by these Terms of Use or that is otherwise unlawful. You further
agree to comply with all applicable U.S. and international laws, statutes, ordinances,
regulations, contracts and applicable licenses regarding your use of the Site. We
may, in our sole discretion, terminate or suspend your access to, and/or use of,
the Site, or any portion thereof, at any time, with or without notice and for any
reason (or no reason), and you agree that (a) if your authorization to access the
Site is terminated, you will not thereafter access, or attempt to access, the Site,
directly or indirectly, and (b) if your authorization to access the Site is suspended,
you will not thereafter access, or attempt to access, the Site, directly or indirectly,
until your suspension is removed and we give you express written notice thereof.
1.2 Information Provided. If you provide any information
to us, you agree to provide only true, accurate, current and complete information.
You further agree to update all such information promptly after any change and that
you will not provide any information to the Site that (a) may infringe a copyright
or trademark, or any other intellectual property right, (b) may violate the privacy
rights of another, or (c) may violate any applicable municipal, state or federal
law, rule, regulation or ordinance, in each instance when used as contemplated by
the Site.
1.3 Use of Content. You may print a single copy of any price, property
listing, conditions, photos, projections, webcasts, assumptions, estimates, and/or
other information displayed or transmitted on the Site (collectively, "Content")
that you are authorized to access; provided that you (a) do not remove any notices
or other information contained on such Content, and (b) strictly comply with the
provisions of these Terms of Use including, without limitation, Section 1.4 below.
1.4 Restrictions. Other than printing a single copy of particular
Content as provided in this Section 1.3 above, you may not (and you agree that you
will not) reproduce, alter, modify, create derivative works, distribute, perform
or display any Content or any copy thereof without first receiving our express written
permission. You further agree not to, without first obtaining our express written
permission, (a) use any of our trademarks as metatags on other web sites, (b) use
the Site in any manner that is illegal or impairs the operation of the Site or its
availability or usage by others, (c) display any part of the Site in frames (or
any Content via frames or in-line links), and/or (d) use or access, or attempt to
use or access, any portion of the Site for which registration is required unless
you are a Registered User (as defined in Section 3 below) with authorization to
access that portion of the Site. You further agree not to decompile, reverse engineer
or disassemble any software or other products or processes accessible through the
Site, and not to insert any code or product or manipulate the Site in any way that
affects the user’s experience including, without limitation, taking any action that
imposes, or may impose, an unreasonable or disproportionately large load on the
Site. You further agree not to use any data mining, web crawlers, robots, cancelbots,
spiders, Trojan horses, or any data gathering or extraction method in connection
with your use of the Site except for customary search engines used in accordance
with automated instructions directed to search engines and available on the Site.
2. Registration. Certain portions of the Site may be accessible
only to users that register to use those portions of the Site ("Registered Users").
If you register to use the Site, you will choose, or be issued, a username and password
and, once you have a username and password, you will be considered a Registered
User and issued an account to use the Site. However, we may terminate your status
as a Registered User for any reason (or no reason) with or without notice to you,
and you agree not to access the Site at anytime after we give you notice of such
termination. You may not authorize any third party to access and/or use your username,
password or account on your behalf. Accordingly, you agree to protect your username
and password by, among other things, keeping your username and password confidential.
You agree to notify us immediately of any unauthorized use of your username, password
or account. If, notwithstanding the foregoing obligation, you allow another party
to use your account, you will be responsible for all use by the party using your
account.
3. Linking and Third Party Dealings.
3.1 Links to External Sites. We may provide hyperlinks to other
web sites and Internet resources operated by parties other than Marcus & Millichap.
We have no control over such sites and resources or their privacy policies. Such
hyperlinks are provided for your reference only. The inclusion of hyperlinks to
such web sites does not imply any sponsorship, affiliation or endorsement of the
material on such web sites or with their operators.
3.2 Linking to the Site. Subject to the further provisions of this
Section 3.2, we welcome links to the Site from other web sites. If we demand that
you not link to the Site, or any portion of the Site, you agree that you will not,
directly or indirectly, link to the Site or such portion of the Site as directed
in our demand, at anytime after such demand is made.
4. Intellectual Property. Except for Content that is in the public
domain, the Site and all Content, as well as the selection and arrangement of the
Content, is owned by (or licensed to) Marcus & Millichap and is protected by
copyright, trade dress, trademark, unfair competition, and/or other laws and may
not be used, copied or imitated in whole or in part except as expressly provided
in Section 1.3 above. Marcus & Millichap, MarcusMillichap.com and all related
logos are either trademarks or registered trademarks of Marcus & Millichap or
its licensors, and, except as expressly provided in Section 1.3 above, may not be
copied, imitated or used, in whole or in part, without our prior written permission.
In addition, all page headers, custom graphics, button icons, and scripts are service
marks, trademarks, and/or trade dress of Marcus & Millichap or its licensors
and may not be copied, imitated, or used, in whole or in part, without our prior
written permission, except as expressly provided in Section 1.3 above. Except as
otherwise expressly provided in these Terms of Use, all rights in and to the Site
and Content are expressly reserved by Marcus & Millichap.
5. No Warranties. The Site is provided on an "AS IS",
"WITH ALL FAULTS", AND "AS AVAILABLE" basis. We assume no liability
or responsibility for any errors or omissions in respect of the Site including,
without limitation, any errors or omissions with respect to any Content. You acknowledge
and agree that you assume sole responsibility for ensuring that all Content is accurate
and up to date. Further, we do not represent or warrant that any aspect of the Site
will work properly or will be continuously available. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM
ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR
WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY,
ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY
OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE
IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING,
WITHOUT LIMITATION, THE CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT
LIMITATION, THE CONTENT). Some jurisdictions do not allow implied warranties to
be excluded or modified, so not all of the above limitations may apply to you.
6. Indemnification. You hereby agree to indemnify and hold harmless
Marcus & Millichap and its affiliates, officers, directors, employees, shareholders,
information providers, suppliers and licensees (collectively, "Indemnified
Parties") from and against any and all liability and costs, including, without
limitation, reasonable attorney’s fees, incurred by the Indemnified Parties in connection
with any claim arising out of (a) your access and/or use of the Site including,
without limitation, any Content, (b) any breach of any of these Terms of Use by
you or, if applicable, any user of your account, and/or (c) any allegation which,
if true, would constitute a breach of any of these Terms of Use by you or, if applicable,
any user of your Account.
7. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN
NO EVENT WILL MARCUS & MILLICHAP AND/OR ITS SUPPLIERS BE LIABLE FOR (A) ANY
DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY
OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE,
AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE
AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT
LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF MARCUS & MILLICHAP
AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL
EVENTS, MARCUS & MILLICHAP’S AND ITS SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR
PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO
$5.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES,
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
8. Release. In the event that you have a dispute with any person
or entity arising from your use of the Site, you release Marcus & Millichap
(and its officers, directors, agents, affiliates, suppliers and employees) from
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such dispute. If you are a California resident,
you waive California Civil Code §1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have materially
affected his settlement with the debtor." Whether or not you are a California
resident, you waive and relinquish all rights and benefits under any legal principle
with the similar affect of California Civil Code §1542 in any jurisdiction with
respect to the release granted above in this Section 8.
9. Modifications to the Site. For the avoidance of doubt, we may
modify, suspend, discontinue and/or restrict the use of all or any portion of the
Site including, without limitation, the availability of any Content contained on
the Site at any time for any reason (or for no reason) and without notice or liability.
10. Privacy. Information we collect on the Site from you is subject
to our Privacy Policy. You consent to the collection
and use of such information as set forth in our Privacy Policy.