Last Updated on July 5, 2016.
BY ACCESSING OR USING THE SITE, REGISTERING WITH THE SITE AND/OR BY CHECKING THE BOX SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS 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.
1. General Use and Restrictions.
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.
1.4 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.
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 The Dumes Falk Group of Marcus & Millichap, or 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.
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.
7. Limitation of Liability.
In the event that you have a dispute with any person or entity arising from your use of the Site, you release The Dumes Falk Group of Marcus & Millichap, as well as 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.
11. Governing Law and Jurisdiction.