Please read this agreement (“Agreement”) carefully before accessing or utilizing this web site (“Site”). By accessing or utilizing the Site, you agree to be bound by this Agreement. NDI Development (“NDI”), its affiliates and agents provide the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. The information and services offered on or through the Site are provided with the understanding that neither NDI nor its affiliates or users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and conditions that may appear throughout the Site. NDI, its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site or which you may access through the Site. While NDI strives to keep the information on this Site accurate, complete and up-to-date, NDI, its affiliates and agents cannot guarantee such information, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
LIMITATION AND PROHIBITED USES
You may access, download and print materials on this Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, public, license, create “Derivative Products” from, frame in another Web page, use on any other Web site, transfer or sell any information, software, databases or other lists, products or services obtained from this Site. “Derivative Products” shall mean products that result from or are the compilation and analysis of Data records from NDI’s Database and that generally do not include sufficient detail on individual records to identify specific properties or transactions. Examples would include market trending reports, rental rate studies and capitalization rate studies. The foregoing prohibition expressly includes, but is not limited to, the practices of framing, or database scraping to obtain lists of users or other information. If and when requested or permitted by NDI you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of NDI you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by NDI and its affiliates. (© 2009 NDI Development. All rights reserved). No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the express written permission of NDI.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to NDI that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
LINKS TO THIRD PARTY SITES
CHANGES TO SITE
NDI its affiliates and/or agents may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. NDI may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.
You use this Site at your own risk. If your use of this Site or the materials therein results in the need of servicing or replacing property, material, equipment or data, neither NDI nor its affiliates are responsible for those costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NDI ITS AFFILIATES AND/OR ITS RESPECTIVE AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME WITHOUT NOTICE.
ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL NDI ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY AWAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NDI ITS AFFILIATES OR ANY OF ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 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.
You agree to indemnify, defend and hold harmless NDI, its affiliates and agents from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to your violation of this Agreement.
LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST INCOME OR LOST REVENUE WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later.
DISPUTE RESOLUTION AND ARBITRATION
Notwithstanding anything to the contrary in this Agreement, the parties irrevocably agree that all claims and disputes relating in any way to this Agreement shall be referred to final and binding arbitration in the State of New York. Any arbitration shall be final and binding and the arbitrator’s order will be enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the parties as may be specified in the determination of the arbitrator.
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Failure by NDI or its affiliates to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. NDI logos, product and service names are trademarks owned by and/or licensed to NDI or its affiliates (the “Marks”). Without the prior written permission of NDI or its appropriate affiliates, you agree not to display or use in any manner, the Marks.