disputes for which the parties have actual notice prior to the date the change is posted on the Site.
The Site Registration
The Site provides users of any publically accessible portion of the Site with access to certain content concerning TenantRex, its products and services, all as a complimentary service for informational and educational purposes ("Free Services"). To become a member ("Member"), parties using this Sitemust register and obtain a password. Only Members may upload real estate comparable data to and access TenantRex's proprietary database (the "Database"). The real estate comparable data may include lease comparables such as base rent, address, tenant name, tenant size, free rent and tenant improvements; sales comparables such as year built, year sold, address, sale price and size; and custom data at the option of the Member.
Security of Account and Password
Each Member is responsible for maintaining the confidentiality of his or her account and password, and for restricting access to his or her computer. Each Member accepts full responsibility and liability for all activities that occur under his or her account or password. TenantRex reserves the right to refuse service, terminate accounts, or remove content in its sole discretion. You represent and warrant that the information yousupply during any registration or update process will be accurate and complete and that you will not (1) impersonate or misrepresent your association with any person or entity, including without limitation registering under the name of another person, or seek to conceal or misrepresent the origin of any Information or Materials (as defined in Section 4.1.) provided by you, (2) choose a user name that TenantRex in its sole discretion deems inappropriate, or (3) choose a user name for the purposes of deceiving or misleading TenantRex as to your true identity. You agree not to impersonate any other person.
Notification of Unauthorized Use/Ceasing Access.
You shall notify TenantRex immediately of any unauthorized use or threat of unauthorized use of your account or the Site or of any other breach or potential breach of security known to you with respect to your account or the Site, including without limitation any loss or compromise of any password, and will cooperate with TenantRex in every reasonable way to help TenantRex prevent the further unauthorized use, threat of unauthorized use, disclosure or threat of disclosure regarding the Site, your account and/or your password. You agree that immediately upon termination of your right to use the Site or any password-protected portion of the Site, or upon any earlier demand by TenantRex at any time, you will cease all access and/or use of the Site or such password protected portion of the Site, and will not attempt to access and/or use same.
Use of the Site
Ownership; Use of Information. Real estate comparable data uploaded to the Site by a Member is protected while in-transit using SSL and is automatically de-identified from such Member ("Information"). In addition to Information, Users of this Site may upload or submit materials for the purpose of making such materials generally accessible to other Site users, such as posting such materials on TenantRex's blog ("Materials"). By uploading Information and Materials, you agree thatall Information and Materials are owned by TenantRex and that TenantRex has all right, title and interest in the Information and Materials; provided that the Member uploading Information has the sole right to control access to such Information by other Members. TenantRex grants each Member an exclusive, royalty-free, worldwide license to unlock the Information uploaded by such Member so as to provide access to the Member's Information to another Member upon the request of another Member. In no event shall TenantRex transfer, assign, license or provide access to Information uploaded by one Member to another Member or to any broker competitor of the Member. TenantRex also offers paid for access to non-public portions of the Site ("Enhanced Services"). The Enhanced Services enable paying Member to sync Information uploaded by the Member as well Information unlocked for the Member by other Members to create actionable market intelligence.
Safeguarding of Information
TenantRex will use Information for the specific purposes stated in these Terms. All Information is maintained in secure databases, and TenantRex uses commercially reasonable efforts to protect the confidentiality and prevent unauthorized access and/or use of Information. Notwithstanding the preceding sentence, you acknowledge that despite such efforts, no computer system is immune from unauthorized access or 100% safe, and acknowledge that TenantRex will not be liable for the criminal or otherwise unauthorized acts of third parties that gain access to the Information or the Database where TenantRex has met the standard stated in the preceding sentence.
Your Responsibility for Information and TenantRex's Monitoring Rights.
You will be responsible for your own Information and the consequences of transmitting that Information. TenantRex has no obligation to monitor you or any other user's use of the Site.TenantRex reserves the right to review and monitor your use of the Site, including without limitation your use of any user ID and/or password in accessing the Site. The Site provides a process for a Member to flag Information uploaded by another Member that the Member reasonably believes is materially inaccurate. The design of the Site prevents TenantRex from linking Information to the Member who uploaded such Information except in the circumstance where Information uploaded by the Member is flagged by another Member as materially inaccurate.TenantRex reserves the right to remove Information that is flagged or that TenantRex believes in its sole discretion violates these Terms. TenantRex reserves the right to restrict or terminate your access to the Site, including, without limitation, your access to any or all of the services provided there under or your ability to use any Site user ID and/or password, at any time without notice and for any reason, including if we believe you have violated these Terms or are likely to violate these Terms. Your sole remedy against TenantRex in the event of a dispute arising out of these Terms, the Site or your use thereof, is to terminate these Terms by ceasing your use of the Site.
Restrictions on Use
You agree to use the Site only as provided herein. You will not:
Use the Site for any reason other than your internal business purposes (examples of prohibited use include use of the Site as a service bureau to allow third parties to access the Site, or sublicensing use of the Site).
Transmit or upload to the Site any information that constitutes a trade secret, that you know to be inaccurate, incomplete or wrong or that is subject to confidentiality, non-disclosure, non-competition, or proprietary rights, limitations or restrictions.
Transmit or upload to the Site any content, or conduct yourself in any manner, that could be construed as defamatory, libelous, obscene, bigoted, hateful, racially offensive, vulgar, harassing, inflammatory, pornographic, violent, profane, threatening, unfair, inaccurate, deceptive or unlawful, or that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law.
Falsify or delete any author attributions, copyright notices or legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or that is provided with Site materials or accessed through the Site.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Send any bulk commercial email, or send any unsolicited email to any party.
Harvest or otherwise collect information about others, including e-mail addresses.
Use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
Use the Site in any manner that could create a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Violate any applicable laws or regulations, including any intellectual property laws or regulations, violate these Terms, or violate any code of conduct or other guidelines which may be applicable to any particular Site services.
Upload files that contain viruses, corrupted files, or any other similar software or programs.
Access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Site, including misrepresentation as a TenantRex agent or representative, or misrepresentation stating or implying our endorsement of you or your product or activity.
Reverse engineer, disassemble, decompile, decipher or otherwise attempt to derive the source code for any underlying intellectual property incorporated in the Site, or any part thereof.
Rent, trade, lease, loan, sell/re-sell access to the Site or any information therein, or the equivalent, in whole or part.
Create any derivative works of the Site or otherwise exceed the scope of your limited license to use the Site as specifically provided in these Terms.
The above list of prohibited uses of the Site is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. TenantRex, in its sole discretion, determines whether any particular conduct or use of the Site is prohibited.
TenantRex reserves the right at all times to disclose any information available to TenantRex as necessary to satisfy any applicable law, regulation, legal process or governmental request, including personally identifiable information, or to edit, refuse to allow or to remove any information or materials, in whole or in part, in TenantRex's sole discretion.
User Representations and Warranties
External Links or References.
The Site may contain links or references to other parties' sites, which links are provided as a convenience to you only. Please be aware that we cannot be and are not responsible for the privacy or other practices of any such outside sites (which sites are not part of the Site), and TenantRex expressly disclaims any and all liability related to such sites and sites relating thereto. TenantRex does not endorse, and is not responsible or liable for, directly or indirectly, any damage or loss caused or alleged to be caused by or in connection with any content, advertising, products or other information on or available from such linked sites or any link contained in a linked site. We encourage our users to consider this if they decide to visit such outside sites and to read the applicable privacy policies and terms of each such sites.
Disclaimer of Representations and Warranties
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. EFFORTS BY TENANTREX TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. THE SITE, INCLUDING ALL CONTENT, INFORMATION OR SERVICES PROVIDED THROUGH, OR IN CONJUNCTION WITH, THE SITE, IS PROVIDED "AS IS," AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (2) OF INFORMATIONAL CONTENT OR ACCURACY, (3) OF NON-INFRINGEMENT, (4) OF QUIET ENJOYMENT, (5) OF TITLE, (6) THAT THE SITE WILL OPERATE IN AN ERROR FREE, TIMELY, SECURE, OR UNINTERRUPTED MANNER, IS CURRENT AND UP TO DATE AND ACCURATELY DESCRIBES TENANTREX'S PRODUCTS AND SERVICES, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (7) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED, OR (8) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM.
Disclaimer of Liability
IN NO EVENT SHALL TENANTREX AND ITS LIMITED LIABILITY COMPANY MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, INTERNAL OPERATING UNITS, AFFILIATES, SUBSIDIARIES, SUBLICENSEES, SUCCESSORS AND ASSIGNS, INDEPENDENT CONTRACTORS, AND RELATED PARTIES (COLLECTIVELY, WITH TENANTREX, THE "TENANTREX ENTITIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH OR VIEWED ON THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, REGULATION, COMMON LAW PRECEDENT OR OTHERWISE, EVEN IF TENANTREX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM TENANTREX'S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY OF TENANTREX ENTITIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY. THIS INDEMNIFICATION SHALL APPLY TO THIRD PARTY CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES.
You will indemnify, defend (or settle) and hold harmless TenantRex Entities from all claims, actions, proceedings, losses, settlements, judgments, liabilities, suits, damages, disputes or demands, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, and including reasonable attorneys' fees and all other costs, fees, and expenses (collectively, "Claims") against any of TenantRex Entities to the fullest extent permitted by law arising out of or in connection with (1) your conduct, provision of Information, content or use of the Site, or such actions by any third party through you, (2) your violation of the rights of another person or party, (3) any Information or Materials provided or made available by you, and (4) any breach or violation by you of your obligations under these Terms, including without limitation any breach of your representations and warranties herein. You will not settle any indemnified claim without the prior written consent of TenantRex, such consent not to be unreasonably withheld. In connection with any Claims that may give rise to your indemnification obligations as set forth above, TenantRex Entities shall have the exclusive right, at their option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this Section are not exclusive of and do not limit any other remedies that may be available to TenantRex Entities pursuant to this Section.
Confidentiality, You acknowledge that by use of portions of the Site, you may use and you may acquire TenantRex Confidential Information. As used herein, "Confidential Information" means all confidential and/or proprietary information and trade secrets of TenantRex, whether or not memorialized, and in any form or media, regarding TenantRex or TenantRex's business, including without limitation those relating to TenantRex's intellectual property, technology, research and development, systems, software, business plans, business operations, strategies, financial information, technical information, customers, customer lists, suppliers, operating policies and procedures, and any third-party information that TenantRex is required to keep confidential where such information is not generally accessible without a password. "Confidential Information" includes any account passwords. You shall not at any time, directly or indirectly, for any purpose, use, copy or disclose to any other person or entity any Confidential Information, or permit others to do so, other than for the purposes expressly allowed hereunder. TenantRex may seek and obtain injunctive relief against the release or threatened release of Confidential Information, in addition to any other available legal remedies. You shall notify TenantRex immediately if you learn of any unauthorized possession or use of the Confidential Information and will promptly furnish all details of such possession or use to TenantRex.
Copyright and other Intellectual Property
Site Ownership. The Site and all content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site (collectively, "Content") are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and U.S. and other laws. The Site and all Content is the property of TenantRex and/or third party licensors, and all right, title and interest in and to the Site and Content will remain with TenantRex or such third party licensors. Other product and company names mentioned herein may be the trademarks of their respective owners. You do not acquire ownership rights to the Site or any Content other than any rights in the Materials that you may have. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content. You will not modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any Site content. You may only use the Site, the Information and the Content as expressly permitted herein, and any other use is prohibited. Any copying, republication, or redistribution of the Site or Site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of TenantRex and/or the respective intellectual property rights holder identified in the subject content, which consent to be granted or withheld at the sole discretion of the rights holder.
Copyright Infringement Claims
TenantRex respects the intellectual property rights of others and expects our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TenantRex's Designated Copyright Agent, identified below, with all information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. 512, summarized as follows: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (7) any other materials or information as may be required under the DMCA as amended from time to time or by the U.S. Copyright Office.
9.3. Copyright Agent. Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to TenantRex Designated Copyright Agent using the following contact information:
- DMCA Agent
- TenantRex, LLC
- 211 East Lombard Street, Suite 139
- Baltimore, Md. 21202
- TenantRex, LLC
ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE