YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE AS THEY MAY CHANGE FROM TIME TO TIME.
The Site is intended to provide information about commercial real estate. The information and services offered on or through this Site are provided solely for general business information, do not constitute real estate, legal, tax, accounting or other professional advice, and may not be used for or relied upon for these purposes. No lawyer-client, advisory, fiduciary or other relationship is created by your accessing or using this Site or communicating by way of email or through this Site. You should seek the assistance of your regulatory counsel with respect to compliance with any and all regulations, laws, and guidelines applicable to your business and your use of this Site.
The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the “Content“) are proprietary to us and our licensors, and are or may be protected by copyright and other intellectual property rights, laws and treaties. The Content may include proprietary databases (the “Database“) of commercial real estate information, which, by way of example, may include information, text, photographic and other images and data contained therein (collectively, the “Information“) and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software (“Software“). The Site, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, adaptations, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the “Product“.
You shall not (a) distribute, disclose, copy, reproduce, communicate to the public by telecommunication, make available, display, publish, transmit, assign, sublicense, transfer, provide access to, use, rent or sell, directly or indirectly (including in electronic form) any portion of the Product, or (b) modify, adapt or create derivative works of any portion of the Product.
“MountainSeed”, the MountainSeed logo, and the names and content of the Products (collectively, “MountainSeed IP“) are protected by trademarks, service marks, registered trademarks, copyrights, and/or other proprietary rights under U.S. copyright and other laws and treaties. MountainSeed IP may not be used without our prior written approval. Any efforts to copy, reverse engineer, or otherwise replicate MountainSeed IP or obtain the source code thereof, and any infringement, misappropriation, or other violation of our rights in the MountainSeed IP under applicable patent, copyright, trademark, and other laws, is expressly prohibited.
Authorized Users & Passwords
“Authorized Users” are those individuals who have received a login and password from us, but only for so long as such users are in good standing with us. An Authorized User must maintain the confidentiality of his or her password and shall not share the same with any other person. You agree to notify us immediately of any unauthorized use of any password or other breach of security related to the Site.
Notwithstanding anything to the contrary herein, you shall not:
(1) Access any portion of the Site unless you are an Authorized User;
(2) Access or use any portion of the Product if you are a direct or indirect competitor of MountainSeed, nor shall you provide, disclose or transmit any portion of the Product to any direct or indirect competitor of MountainSeed;
(3) Provide your password (or otherwise provide access to the Site) to any other individual;
(4) Modify, merge, decompile, disassemble, scrape, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product or the data generated from it;
(5) Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available; or
(6) Store, copy or export any portion of the Product into any database or other software.
You are responsible for the timely payment of any fees incurred by your use of components and services available on the Site or via links to other web sites, and all taxes applicable to your use of the Product.
SUBJECT TO THE TERMS OF ANY LICENSE AGREEMENT BETWEEN US AND YOU, WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
Termination / Suspension
You acknowledge and agree that we may interrupt, terminate, discontinue, or block your access to the Product or portions thereof at any time, subject to the terms of any License Agreement in place between us and you. We reserve the right to terminate or suspend your use of the Site, or to terminate your License Agreement, upon a good faith determination of a violation of the terms of any material provision of any other agreement between the parties or their affiliates. In the event such suspension or termination occurs, you shall cease using any portion of the Site (including all Products), permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from MountainSeed, certify, in writing, your compliance with this provision.
Our Rights to Use Data from the Site
Assumption of Risk
You assume sole responsibility for results obtained from use of the Site and the Products and conclusions drawn therefrom. You hereby agree to indemnify and hold us and our officers, directors, and employees harmless from and against any claims, actions, investigations or liabilities (including damages, losses, costs, expenses, and reasonable attorneys’ fees) resulting therefrom.
Limitations on our Site, Products, and Liability
The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Product shall be at your own risk. You acknowledge that our Site and the Products derived therefrom are not all-inclusive, and there may be material information not included therein. All Products are provided “AS-IS”, and we make no warranties, representations or guarantees of any kind, either express, implied, statutory or otherwise, with respect thereto. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product. We are committed to respecting the privacy of your personal information in connection with your use of this Site. We take great care to keep your personal information confidential and secure. However, the Internet is not a totally secure medium of communication. For this reason, we cannot guarantee the privacy of any information you input on this site, send to us, or request be delivered to you on the Internet. We will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information. ALTHOUGH WE ATTEMPT TO PROVIDE AN ACCURATE PRODUCT, THE SITE, PRODUCT AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. MOUNTAINSEED, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “MOUNTAINSEED PARTIES”) CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT (I) THE PRODUCT WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR TIMELY; (II) THE OPERATION OF, OR YOUR ACCESS TO, PRODUCT THROUGH THE SITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE; AND/OR (III) DEFECTS OR ERRORS IN THE SITE OR THE PRODUCT, BE THEY HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED.
THE MOUNTAINSEED PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND ITS CONSTITUENT PRODUCTS, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SITE OR ITS CONSTITUENT PRODUCTS CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY MOUNTAINSEED PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE OR THE PRODUCT IS AT YOUR OWN RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, ANY PRODUCTS, OR ANY FEATURE OR PART THEREOF AT ANY TIME. IN NO EVENT SHALL MOUNTAINSEED OR ITS AFFILIATES BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT OR UNDER ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS CONTAINED THEREIN, OR FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY, EVEN IF MOUNTAINSEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. IN NO EVENT SHALL MOUNTAINSEED’S OR ITS AFFILIATES’ LIABILITY UNDER ANY CLAIM MADE BY YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU FOR USE OF THE SITE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE GIVING RISE TO THE CLAIM.
MountainSeed Appraisal Management, LLC
2100 Powers Ferry Road, SE, Suite 410
Atlanta, GA 30339
Attention: Nathan Brown, President
Last Revised: May 26, 2017