These terms and conditions (the "Terms") govern your (“Your” or “You”) use and access to all the features of this website (the “Site”), which is owned and operated by TPI Real Estate Investment Services Corp. (“TPI” or “we”). These Terms form a binding contract between you and TPI. By using this Site and its features, you accept and agree to all the provisions of these Terms. If you are representing a company, corporation or other organization, by using this Site You represent that you are fully authorized by your employer to use the Site and bind your employer to these Terms. If you do not accept these Terms, you are not authorized to use this Site or its features. Because our Site is built on trust and professionalism, your agreement with these Terms helps to promote that trust among all users of the Site, keeping it a safe and valuable online resource and marketplace. We recommend that you print a copy of these Terms for your records and future reference.
1. Our Services
We offer various services through this Site, including access to property listing databases and related search engines, as well as certain features that are only available to registered users, such as receiving setup alerts and property portfolios, saved searches and favorite pages (collectively, the “Services”). Your use of the Services is subject to these Terms.
2. Permitted Uses of the Site and Prohibitions
The Site may only be used for informational, educational and reference purposes. You are prohibited from using the Site in any manner that:
constitutes a violation of any federal, state or local law or regulation;
infringes another party?s proprietary or intellectual property rights (including those of TPI and its affiliates);
violates any person?s or entity?s confidentiality or proprietary rights;
is obscene, defamatory, false or misleading; or
Constitutes abuse, harassment, stalking, threatening or the defrauding of others.
You are prohibited from using the Site or the Services, and any data and other content that are available from the Site, for purposes of offering any brokerage services; selling any other goods or services; advertising any other goods or services; conducting surveys, contests or opinion polls; or engaging in other commercial enterprises.
You are further prohibited from using any automated, technological, manual or other means to obtain, harvest or aggregate any data, content, e-mail addresses or other personal information of users, leasing and property listings, or information from the Site, including, without limitation, through the use of any software, code, computer robots or “bots,” “spiders,” the practice of "database scraping" or other technological means to crawl, search or extract information from the Site. You may not in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. Any attempt to gain unauthorized access to other computer systems through the Site is strictly prohibited.
You shall not, either directly or in concert with others, upload or direct to the Site any unauthorized files, viruses, malicious code, corrupted files, or any other code, programs or content that may damage the operation of TPI s? servers or the Site, or engage in any denial of service attack on the Site or TPI ?s servers, or engage in any other malicious acts designed to harm the Site, TPI or its business partners or affiliates. You may not restrict or inhibit any other visitor from using the Site, including by means of hacking, or engaging in spamming or flooding.
You may not frame this Site within any other web site or web page, or link to the Site from another web site, without TPI ?s prior written permission. Nor may you embed in any other web page or web site any metatags, key words or hypertext links, or purchase any “Ad words” or similar marketing tools, which refer to TPI , its affiliates, products or services, or include TPI ?s trademarks, service marks or trade names, without TPI ?s prior written consent.
Your user name and password are for your own use. You are therefore prohibited from permitting others, including anyone whose account has been terminated by TPI, to access the Site using your account or username.
TPI may, in its sole discretion, change, delete, remove or suspend any portion of the Site, or the entire Site, without notice to you and without any liability whatsoever.
In the event we learn or reasonably suspect that You, or others under Your control or direction, have breached any of these Terms, we may block, suspend, terminate or withhold your access to the Site as we deem appropriate in our sole discretion to protect TPI and its business partners, affiliates and other users of this Site.
3. Intellectual Property Rights, Licenses and Ownership
All rights and goodwill in or relating to TPI ?s trade names, logos, trademarks, service marks and trade dress, belong to TPI. All copyrights in any and all content featured within the Site or accessible through the Services, including without limitation all Site coding and software, Site architecture and layout, text, images, graphics, icons, designs, databases, database compilations, photographs and screen displays, belong to TPI or its partners or licensors. All such intellectual property rights are protected by United States copyright and trademark laws, and various treaties and international conventions relating to such rights. No right, title or interest in any content contained in this Site is transferred to you as a result of your use of the Site and all such rights are reserved to TPI or its licensors.
Certain trademarks and company names that appear on the Site are trademarks or service marks of third parties with whom TPI has an affiliate or business relationship. None of these trademarks or service marks may be used without receiving the prior express written permission of the owners of such trademarks or the service marks.
You are permitted, and are granted a limited license by TPI , to download information and data from the Site and save it to a hard drive on or connected to your computer or other portable storage media, such as flash drives, and to print extracts from the Site as necessary, solely for Your personal, non-commercial use. You may share such downloaded information with others solely for their personal, non-commercial use. You may not otherwise copy, distribute or reproduce any content from the Site in any form without the prior written permission of TPI. You are strictly prohibited from selling any information or data obtained from this Site.
If you are permitted to upload any content or information to the Site, you grant TPI a non-exclusive, royalty-free, worldwide, perpetual, transferable license and right to use, reproduce, adapt, modify, publish, distribute, create derivative works from and display such content in any form or media, now known or hereafter invented or developed, without attributing such content or information to you. You warrant to TPI that you own the intellectual property rights in such content or otherwise have the right and authority to grant TPI this license.
Other than as expressly set forth in this paragraph, nothing in these Terms shall be deemed to grant you or any other third party any license or right to use any intellectual property of TPI or of its partners or licensors, without TPI ?s prior written permission.
4. Hardware and Site Access
You are solely responsible for using browsers, computer hardware and software that are compatible with the Site, and for your own Internet connections and bandwidth, including any dial-up, DSL, cable modem, fiber optic or other form of Internet access. You are solely responsible for any fees or charges that the providers of such services assess.
5. Privacy and Notices
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
TPI may send notices to You, at Your option, with respect to your account preferences and profile, changes to the Site, new features on the Site or Your use of any of the Services, by sending an email message to the email address listed in your account profile, or at its option by sending You a notice via U.S. mail to the contact address listed in your account profile. You agree that we may provide notice to you through such means. Unless otherwise indicated in such notices, the notices will become effective immediately.
If you register on the Site, you will be asked to provide TPI with certain personal information. In order to register on the Site, you must be at least 14 years of age and by registering you warrant and represent that you are at least 14 years of age and that you understand all these Terms. All personal information you provide for purposes of registering as a user of the Site must be truthful and accurate, and you are solely responsible for updating such information if it changes.
TPI reserves the right to report any wrongdoing or illegal acts on Your part, of which we become aware, to applicable government and law enforcement agencies or otherwise, and to respond to lawful subpoenas and other requests from government agencies or law enforcement bodies seeking personal information of our Site users.
6. Warranty Disclaimers
TPI provides the site and services “as is,” where is and without any warranty or representation of any kind, whether express, implied or statutory. TPI specifically disclaims the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TPI does not guarantee uninterrupted, continuous or secure access to the site or services, and operation of the site may be interrupted by various factors outside of our control. TPI makes no representation or warranty that the site will be free from loss, corruption, damage, destruction, attack, viruses, interference, hacking, or other security breaches. Your use of the site is at your own risk.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
While TPI uses reasonable care to assess the accuracy of data and information available through the site, we do not warrant the accuracy or continued availability and accessibility of any such data or information. We shall have no liability for any such data or information or any use you may make of such data and information. Nor is TPI responsible for any content posted by any third party or any users of the site. Any data or other information found within the site is used by you solely at your own risk. Property and leasing listings are subject to change or deletion at any time. All property bids and any leasing and purchase decisions by you must be based on separate advice you obtain from your legal and financial advisors and due diligence you or your advisors perform.
If you are dissatisfied with any portion of the site or the services, or with any of these terms, your sole and exclusive remedy is to discontinue using the site and the services.
7. Links
Certain links in the Site that direct you to other web sites are made available to you and are provided solely as a courtesy, for information purposes only, or for your convenience. Except where a link directs you to another site that is under the direct control and administration of TPI or its affiliates, links do not reflect any recommendation or endorsement by TPI of any content or services offered through any third-party sites and TPI shall have no liability whatsoever for the content or service offerings of such third-party sites, which are governed by their own terms of use and privacy policies, which you should review carefully.
8. Limitations of Liability
TPI shall not be liable to you or any other third party for any claims, losses or damages that arise from or seek lost profits, lost anticipated savings, loss of goodwill, injury to reputation, loss of business opportunity or lost data. TPI shall not be liable for any indirect, consequential or special damages, regardless of the form of action, and whether in contract, strict liability or tort (including negligence) and regardless of whether TPI knew or had reason to know of the possibility of such loss, injury or damage.
TPI is not liable for any errors in the site or services, or any other failure to perform that may be caused by acts of god and other events beyond its reasonable control including, without limitation, fires, floods, power failures or brownouts, transmission failures, server failures, third-party denial of service attacks, viruses, software and other technical problems, inability to access the site, or any failure, delay or error in sending or receiving any information or data on or through the site. TPI also is not liable for any content posted on the site by you or others, or information provided by you or other third parties to TPI through the site.
In all cases, and without limiting any of the foregoing limitations, the total liability of TPI to you under these terms for actual, direct damages (whether arising in tort, negligence or otherwise) will not exceed the sum of $100 or any larger amount paid by you for any services received through the site.
Notwithstanding the foregoing limitations, nothing in these terms will operate to exclude or limit TPI?s liability for its own gross negligence or actual fraud.
9. Indemnification
You agree to defend, indemnify and hold harmless TPI and its affiliates, officers, directors, employees and agents, from and against any and all actual or alleged liabilities, claims or demands, and any resulting damages and expenses (including attorneys? fees and costs), that may arise out of, relate to or otherwise concern any of these Terms or Your use of the Site and Services, including without limitation any breach of these Terms by You, or any employees or agents of any entity on whose behalf you use this Site, and any breach of any representation or warranty given by You. TPI shall be entitled to participate in such defense at its own cost and expense.
10. Choice of Law and Consent to Jurisdiction
These Terms shall be governed in all respects by the laws of the State of New York, without regard to New York?s conflicts of law principles. In addition, TPI s? copyright and trademark rights are further governed by United States copyright and trademark laws, and various treaties and international conventions relating to such rights. Use of this Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph.
In the event of any dispute or claim concerning or relating to these terms or your use of the site and services, you and TPI agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the state and county of New York and waive any objection or defense based on venue or inconvenient forum.
11. Amendments
TPI may revise these Terms at any time by posting the amended Terms on the Site. If you are a registered user of the Site, TPI may, at its option, also e-mail to you notice of the amended Terms. The amended Terms will be effective as of the date they are posted. We may also add, remove or modify some or all of our Services at any time. These Terms cannot be amended any other way except by a written document signed by you and TPI. Your continued use of the Site after any amendments are made to the Terms constitutes your acceptance of all such amendments. You should therefore check the Terms each time you use the Site to ensure that you are aware of the current version of the Terms and will comply with those Terms.
12. Miscellaneous
If any portion of these Terms is held by a court or tribunal of competent jurisdiction to be invalid or unenforceable, then the rest of the Terms shall remain valid and enforceable to the fullest extent permitted by law.
These Terms are for the benefit of TPI and its subsidiaries, affiliates, successors and assigns and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The headings in these Terms are for reference purposes only.
These Terms constitute the entire agreement between you and TPI respecting the subject matter contained in these Terms. These Terms supersede any and all other understandings or agreements, written or oral, regarding such subject matter. You acknowledge that you have not relied on any oral or written representations or statements of any third party or TPI, except as expressly set forth in these Terms. Any failure of TPI to act with respect to any breach by You or others, or to exercise or enforce any right or provision of these Terms (i) shall not act as a waiver of any such rights or any related remedies unless such waiver is put in writing by TPI, and (ii) shall not act as a waiver with respect to any subsequent or similar breaches by You.
You acknowledge that you have read these Terms, understand them and agree to be bound by them.
