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The terms and conditions of use set forth herein apply to this website (collectively, the “Site”).
Effective as of August 1, 2012.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
By using the Site, you acknowledge that you have read these terms and conditions of use and you agree to be bound by them without limitation or qualification. If you do not agree to these terms and conditions of use, you do not have our consent and should exit the Site immediately. Situs Holdings, LLC (“Situs”) and its affiliates (together with Situs, “us,” “we” or “our”) reserves the right, at our discretion, to change, modify, add or remove portions of these terms at any time. Therefore, we suggest that you review these terms periodically for changes. By using our Site after we have posted changes to these terms and conditions of use, you are agreeing to be bound by these terms as amended.
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, SITUS 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. SITUS 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 SITUS DISCLAIMS ANY LIABILITY RELATING THERETO.
SITUS 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, SITUS MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS SITE OR YOUR USE OF THIS SITE. IF SITUS ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE SITE, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
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.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. SITUS DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITUS SITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT SITUS ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
Restrictions on Use of Materials
Unless otherwise expressly noted, all information and materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, and written and other materials, that are part of the Site are copyrights, trademarks, service marks, trade names, trade dress and/or other intellectual property owned, controlled or licensed by Situs and/or its affiliates. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way; provided, however, that you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact and properly display all copyright and other proprietary notices. You may not distribute, modify, transmit, reuse, repost, or use the content of the Site, including, without limitation, any text, images, audio and video, for public or commercial purposes without Situs's written permission. Modification or use of the information or materials for any other purpose will violate the copyright and/or intellectual property rights of Situs and/or its affiliates. Neither Situs nor any of its affiliates will treat users of this Site as its clients by virtue of their accessing this Site.
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Situs Investment Group LLC from its offices within the State of New York, United States of America. Neither Situs nor any of its affiliates makes any representation that materials in or accessible through the Site are appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or materials in violation of U.S. export laws and regulations. The information provided in or accessible through the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Situs and/or its affiliates to any registration or other requirement within such jurisdiction or country.
Transmissions to and from the Site
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the www.situs.com domain name or made via this site may not be secure. Communications to Situs, particularly those containing confidential information, should be sent by mail to: Situs Holdings, LLC, C/O Legal Department, 4665 Southwest Freeway, Houston, TX 77027. Situs and its affiliates will be free to use, for any purpose, without and compensation due or payable to you, any ideas, concepts, know-how or techniques provided by a Site user to Situs through the Site.
Password Security and Notification
Access to certain parts of the Site requires a login. If you have a Personal Identification Number (PIN) for access to non-public areas of the Website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify Situs immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.
These terms are effective until terminated by Situs, provided that you may terminate these terms at any time only by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Such termination by you will not be effective if Situs, in its sole discretion and without notice to you or otherwise, determines that you have failed to comply with any term or provision of these terms. Upon any termination of these terms, you must destroy all information and materials obtained by you or on your behalf from the Site and all copies and installations thereof, whether made under the terms of these terms or otherwise.
YOU WILL INDEMNIFY AND HOLD SITUS, 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SITUS AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY WHATSOEVER FOR ERRORS AND OMISSIONS IN ANY INFORMATION OR MATERIALS, AND FOR ANY USE OR INTERPRETATION BY OTHERS OF ANY INFORMATION OR MATERIALS, CONTAINED IN OR ACCESSIBLE THROUGH THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SITUS OR ANY OF ITS AFFILIATES BE LIABLE IN ANY RESPECT WHATSOEVER FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION AND MATERIALS IN OR ACCESSIBLE THROUGH THE SITE, EVEN IF SITUS OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING, AND IN ADDITION TO THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY (IF ANY) OF SITUS AND ITS AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Links to Other Web Sites and Services
Situs does not review or monitor any websites linked from or to the Site and none of them is or will be responsible for the content of any such linked websites. Your following links from or to such websites is at your sole risk. Accordingly, neither Situs nor any of its affiliates can be held responsible for the information, materials, products or services obtained on or from such other websites, nor will any of them be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the Site and the inclusion of these links does not imply an endorsement, representation or warranty by Situs or any of its affiliates with respect to any such linked websites or the content, products or services contained or accessible through, or the operators of, such websites. In addition, you agree not to link any of your websites or any third-party website to the Site without the express prior written consent of Situs. Situs reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a website from or to the Site.
No waiver by Situs or any of its affiliates of any right under or term or provision of these terms and conditions will be deemed a waiver of any other right, term or provision of these terms and conditions at that time or a waiver of that or any other right, term or provision of these terms and conditions at any other time.
Governing Law and Consent to Jurisdiction
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. YOU AGREE THAT ANY DISPUTE OR ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE COMMENCED ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN HARRIS COUNTY, TEXAS AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF ANY SUCH DISPUTE OR ACTION.
If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
For questions regarding this site or your use of this site, please email us at firstname.lastname@example.org, or call 713.328.4357.
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.