Terms of Use
This website (the "Site"), is owned & operated by Brian DApice & Associates LLC and its affiliates (collectively, "we" or "us"). When you access or use this Site (including any current and future components and services available on this Site), you agree to the terms and conditions that follow (the "Terms of Use") as they may be modified from time to time by us. These Terms of Use constitute a legal contract between you and us, and by accessing or using the Site you represent and warrant that you have the right, power and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you should immediately cease use of the Site.
The Site is designed to provide information about commercial real estate. The information and services offered on this Site are provided solely for general information, and do not constitute real estate, legal, tax, accounting or other professional advice. Your use of the Site is conditioned on the understanding that we are not engaged in rendering legal or other professional services or advice.
The information, data, text, software, photographs, images, graphics, video, messages and other content contained on this Site (collectively, the "Content") are proprietary to us and its licensors. The Content includes a proprietary, copyrighted database (the "Database") of commercial real estate information, including but not limited to, the data, text, photographic and other images and information contained therein (collectively, the "Data") and the proprietary formats and structures for categorizing, sorting and organizing such Data. The Site, Content, Database and Data and any portion of the foregoing are collectively referred to herein as the "Product".
We hereby grant to you a nonexclusive, nontransferable license to use the Product, subject to and in accordance with the terms and conditions of these Terms of Use. You may use the Product solely to conduct property searches in relation to real estate leasing and sales transactions for your internal research purposes. In connection therewith you may print a limited amount of Data for your internal use only.
You shall not, except as expressly set forth above, (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form), any portion of the Product or (b) modify or create derivative works of any portion of the Product.
You acknowledge that we and our licensors have and shall retain exclusive ownership of all proprietary rights in or to the Product, including the format and presentation thereof. You shall have no right or interest in any portion of the Product except the right to use the portions of the Product as set forth herein and any rights you have in any portions of the Product that you provide to us. You acknowledge that the Product has been created, compiled, prepared, selected and arranged by us through the expenditure of substantial time, effort and money, and that it and the other Content constitute the valuable property and copyrighted information of Brian DApice & Associates LLC (collectively, the "Proprietary Information"). You agree to take all necessary precautions to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information, and to not remove, conceal or obliterate any copyright or other proprietary notice included in the Product. You shall be liable for any violation of these Terms of Use by you and your employees, affiliates, and agents.
This Site may use and require that your computer accept "cookies." Cookies are small text files that are stored on your computer to keep track of settings or data for a particular web site. If you have disabled cookies from within your browser, or if you are running third-party software that intercepts or deletes cookies, you may not be able to use the Product.
Links to and the framing of the Product or Database, or any of the Content or Data therein, are strictly prohibited, except where specifically permitted under written authorization from us.
This Site may include links to other sites, some of them may be operated by us and some of them may be operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed all of the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.
Portions of this Site or Product may require you to register certain information about yourself in order to use that portion of the Site or Product. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to terminate or restrict your current and future use of the Site or Product (or any portion thereof).
You agree to indemnify and hold harmless Brian DApice & Associates LLC and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys' fees), arising out of or relating to User Content you provide to us or post, e-mail or transmit through the Site, your use of the Product or any portion thereof or your violation of the Terms of Use. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you shall not in any event settle any such matter without the written consent of Brian DApice & Associates LLC.
Procedure for Making Notification of Claims of Copyright Infringement
We and our affiliates respect the intellectual property of others, and we ask those posting any User Content to this Site or our other online services also to respect copyright law. If you believe that your work has been copied and is available on this Site or our other online services in a way that constitutes copyright infringement, you may notify us, under the notice requirements of the Digital Millennium Copyright Act. Pursuant to 17 U.S.C. Section 512, our DMCA registered agent can be reached as follows: by mail to Brian DApice, 7 Federal Street, Suite 15, Danvers MA 01923; by email to eMail@DapiceAssociates.com; and by telephone at (978)762-9771.
We are continuously updating and changing the Product, and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part therefor) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.
Brian DApice & Associates LLC is headquartered in the Commonwealth of Massachusetts. These Terms of Use and your use of this Product shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws principles. You irrevocably consent to the jurisdiction of the federal and state courts located in the Commonwealth of Massachusetts for any action to enforce these terms and conditions. We seek to comply with the laws of the particular jurisdictions in which they operate. If any material on this Product, or your use of the Product, is contrary to the laws of the place where you are when you access it, the Product is not intended for you, and we ask you not to use the Product. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.
In the event any portion of these Terms of Use is determined to be illegal, invalid or unenforceable in any respect, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions.
No waiver by us of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term, or provision of these Terms of Use at that time or a waiver of that or any other right, term, or provision of these Terms or Use at any other time.
You agree that in the event of a breach of these Terms of Use by you or your employees, independent contractors, agents or affiliates, Brian DApice & Associates LLC may suffer irreparable harm and will be entitled to injunctive relief (without the necessity of posting a bond) as well as all other remedies available at law or in equity.
We reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.
Last updated: November 13, 2014
