Disclaimer:
© 2011 CBRE, Inc. This information has been
obtained from sources believed reliable. We have not verified it and
make no guarantee, warranty or representation about it. Any projections,
opinions, assumptions or estimates used are for example only and do not
represent the current or future performance of the property. You and
your advisors should conduct a careful, independent investigation of the
property to determine to your satisfaction the suitability of the
property for your needs.
Terms of Use:
(Effective as of January 10, 2006)
Please Read Carefully
This CBRE Terms of Use agreement
(this “agreement”) is a legal agreement between you and CBRE, Inc. (“CBRE”, “we”, “us” or “our”) providing, among
other things, the terms and conditions for your use of our web site
accessible at http://www.cbre.com (the “site”).
We may from time to time modify these Terms of Use and will post a copy of the amended agreement at http://www.cbre.com/EN/Pages/Legal/Disclaimer.aspx. If
you do not agree to, or cannot comply with, the agreement as amended,
you should not use the site. You will be deemed to have accepted the
agreement as amended if you continue to use the site after any
amendments are posted on the site. We reserve the right to refuse to
provide our products and services to anyone at any time.
This agreement contains warranty and liability
disclaimers. By using this site, you accept and agree to the terms and
conditions of this agreement without any reservations, modifications,
additions, or deletions. If you do not agree to the Terms of Use
contained in this agreement, you are not authorized to use the site.
You may be denied access to the site, with or without prior notice to
you if you do not comply with any provision of this agreement.
1. Authorized users
1.1 Age requirement; authority. In order to
use the site, you must be at least 18 years of age. You represent that
(i) you have read and understood, and that you agree to be bound by,
this agreement and (ii) you are at least 18 years old. If you do not
agree to, or cannot comply with, any of these terms and conditions of
this agreement, please do not attempt to access this site.
1.2 Registration. We reserve the right to
restrict certain areas of information on this site to our approved
registered users. In the event that any area of the site requires you
to register with us prior to our granting you access to such areas of
the site, you agree to provide truthful information, including but not
limited to a member name and password as well as your name, address,
telephone number and a valid email address (the “account information”).
You agree to provide accurate account information and to update your
account information as necessary to keep it accurate. CBRE
will use your account information in accordance with its privacy policy,
which can be found at http://www.cbre.com/EN/Pages/Legal/PrivacyPolicy.aspx,
as described further in section 6 of this agreement. You are solely
responsible for maintaining the confidentiality of your member name and
password. You agree to notify us immediately of any unauthorized use of
your member name, password or account. CBRE will not be
responsible for any losses arising out of the unauthorized use of your
account and you agree to indemnify and hold harmless CBRE,
its partners, parents, subsidiaries, agents, affiliates and/or
licensors, as applicable, for any improper, unauthorized or illegal uses
of your account.
2. License to use the site
2.1 Grant of license. CBRE grants
to you a limited, non-exclusive, non-transferable license to access and
use the site in accordance with the terms and conditions set forth in
this agreement. CBRE reserves all right, title and interest
not expressly granted under this license to the fullest extent possible
under applicable laws. Any use of the site not specifically permitted
under this agreement is strictly prohibited.
2.2 Restrictions. You agree that you will
not: (i) use the site to reproduce, transmit, display or distribute
copyrighted material in any medium or via any method without CBRE’ express written permission; (ii) copy, store, edit, change,
prepare any derivative work of or alter in any way any of the content
provided on this site; or (iii) use our site in any way that violates
the terms of this agreement. The site is owned by CBRE and
is protected by united states copyright laws and international treaty
provisions. You will not sublicense, assign, or transfer the license
granted to you under this agreement. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations in violation of
the provisions of this agreement is void.
3. Other restrictions
You
agree that you will not: (a) impersonate any person or entity or
misrepresent your affiliation with any other person or entity; (b)
engage in spamming, flooding, harvesting of e-mail addresses or other
personal information, spidering, screen scraping, database scraping, or
any other activity with the purpose of obtaining lists of users or any
other information, including specifically, property listings available
through the site; (c) send chain letters or pyramid schemes via the
site; or (d) attempt to gain unauthorized access to other computer
systems through the site. You agree that you will not use the site in
any manner that could damage, disable, overburden, or impair the site or
interfere with any other party's use and enjoyment of the site.
4. Copyrights and other intellectual property
4.1 As
between you and CBRE, you acknowledge that CBRE
owns or has a license to all title and copyrights in and to the content
provided on this site. All title and intellectual property rights in
and to any licensed content provided on this site is the property of the
respective content owners and may be protected by applicable copyright
or other intellectual property laws and treaties and subject to use
restrictions under such laws or treaties.
4.2 Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.
5. Trademarks and third-party trademarks
The
following are registered trademarks or trademarks of CBRE:
CBRE and its design logo, as well as certain other CBRE trademarks, service marks, graphics, and logos
(collectively, the “CBRE trademarks”) used in connection
with CBRE’s provision of products and services. The site may
contain third-party trademarks, service marks, graphics, and logos.
You are not granted any right or license with respect to the CBRE trademarks or the trademarks of any third party.
6. Privacy policy
Unless otherwise addressed in this agreement, your use of this site is subject to CBRE's privacy policy, which
is incorporated by reference and made a part of this agreement. It is
important that you read and understand the terms of CBRE's
privacy policy. CBRE may cooperate with and disclose
information (including your account information) to any authority,
government official or third-party, without giving any notice to you, in
connection with any investigation, proceeding or claim arising from an
asserted illegal action or infringement whether related or unrelated to
your use or misuse of this site.
7. Submissions or other information
If
you submit to us or post on the site any property listing, testimonial,
comment, review, suggestion or any work of authorship (collectively a
“submission”) including, without limitation, submissions about any of
our products or services, such submission will not be confidential or
secret, and may be used by us in any manner. Please do not submit or
send any submission to us that you consider contains confidential or
proprietary information. No submission sent to us will be considered or
treated as confidential information. We do not pre-screen submissions
and we will have no obligation to read any particular submission
submitted or sent to us. By submitting or sending a submission to us,
you: (i) represent and warrant that the submission is original to you,
that no other party has any rights thereto, and that any “moral rights”
in such submission have been waived, and (ii) you grant us a
royalty-free, unrestricted, worldwide, perpetual, irrevocable,
non-exclusive and fully transferable, assignable and sub licensable
right and license to use, reproduce, publish, distribute, display,
translate, summarize, modify and adapt such submission (in whole or
part) and/or to incorporate it in other works in any form, media, or
technology now known or later developed, in our sole discretion, with or
without your name.
8. Term
This agreement will remain effective until terminated by you or terminated by us.
9. Disclaimers
9.1 The site (including all of its content) is
provided to you “as is.” Any use of this site is at your own risk. To
the maximum extent permitted by applicable law, CBRE
disclaims all warranties, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement. CBRE makes
no representations, warranties or guarantees that this site will be free
from loss, destruction, damage, corruption, attack, viruses,
interference, hacking, or other security intrusion, and CBRE
disclaims any liability relating thereto.
9.2 CBRE makes no representations,
warranties or guarantees that use or results of the use of the site
(including all of its content) is or will be accurate, reliable,
current, uninterrupted or without errors. Without prior notice, CBRE may modify, suspend, or discontinue any aspect or feature
of this site or your use of this site. If CBRE elects to
modify, suspend, or discontinue the site, it will not be liable to you
or any third party.
9.3 All property listing information contained
within this site is subject to the possibility of errors, omissions,
change of price, rental or other conditions, prior sale, lease or
financing, or withdrawal without notice. Any projections, opinions,
assumptions or estimates contained within this site are for example
only, and such projections, opinions, assumptions or estimates may not
represent current or future performance of a listed property. You and
your tax and legal advisors should conduct your own investigation of any
property listed on this site and any contemplated transaction
concerning any property listed on this site.
9.4 You acknowledge that your submission of
any information to us is at your own risk. CBRE does not
assume any liability to you with regard to any loss or liability
relating to such information in any way.
9.5 Some of the content, products, and
services available through the CBRE site may include
materials that belong to third parties. You acknowledge that CBRE
assumes no responsibility for such content, products or services.
10. Limitation of liability
In
no event will CBRE be liable to you for indirect, general,
special, incidental, consequential, exemplary or other damages
(including, without limitation, damages for loss of profits, business
interruption, corruption of files, loss of business information or any
other pecuniary loss) even if CBRE has been advised of the
possibility of such damages. No oral or written information or advice
given by CBRE or others will create a warranty and neither
you nor any third party may rely on any such information or advice.
Some jurisdictions do not allow the exclusion of implied warranties or
limitation or exclusion of liability for incidental or consequential
damages, so the above exclusions and limitations may or may not apply to
you.
11. Indemnity
You will
indemnify and hold CBRE, its directors, officers, employees,
affiliates, agents, contractors, and licensors harmless with respect to
any suits or claims arising out of (i) your breach of this agreement,
including, but not limited to, any infringement by you of the copyright
or intellectual property rights of any third party; or (ii) your use or
misuse of the site.
12. General
12.1 You will be responsible for providing the
dial-up, dsl, cable modem or other form of internet access and any
other hardware and software necessary to access and use the site.
12.2 CBRE complies with all
applicable laws, including, but not limited to, privacy laws and
individual state laws with respect to the sale or lease of real
property. You agree that you will comply with all such laws applicable
to you.
12.3 CBRE or its business partners
may present advertisements or promotional materials on or through the
site. Your dealings with, or participation in promotions of, any
third-party advertisers on or through the site are solely between you
and such third party and your participation is subject to the terms and
conditions associated with that advertisement or promotion. You agree
that CBRE is not responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the
result of the presence of such third party materials on the site.
12.4 If you know of, or suspect, copyright
infringement, please send a notice to CBRE; c/o Web
Marketing Director;2415 E. Camelback Rd., Phoenix, AZ 85016.
The notice must contain all of the information set forth in section
512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
12.5 This agreement will be governed by the
laws of the state of California. The exclusive jurisdiction for any
claim, action or dispute with CBRE or relating in any way to
your use of the site will be in the state and federal courts of the
state of California and the venue for the adjudication or disposition of
any such claim, action or dispute will be in the county of Los Angeles,
California.
12.6 CBRE may send notices to you
with respect to your use of the site by sending an email message to the
email address listed in your account information, by sending a letter
via U.S. mail to the contact address listed in your account information,
or by a posting a note on the site when you access your account. You
agree that we may provide notice to you through such means. Unless
otherwise stated in the notices, the notices will become effective
immediately.
12.7 General contact information. For questions regarding this site or your use of this site, please email us at WebMarketing@cbre.com, or call +1 602 735 5215.
You acknowledge that you have read this
agreement, understand it and will be bound by its terms and conditions.
You further acknowledge that this agreement represents the complete and
exclusive statement of the agreement between us and that it supersedes
any proposal or prior agreement oral or written, and any other
communications between us relating to the subject matter of this
agreement.