Last Updated on May 9, 2007.
The MarcusMillichap.com web site (the “Site”) is a service of Marcus
& Millichap Real Estate Investment Services, Inc., a California corporation
("Marcus & Millichap", “us” or “we”). These
MarcusMillichap.com Terms of Use (“Terms of Use”) set forth the terms
and conditions applicable to your access and use the Site.
BY ACCESSING OR USING THE SITE AND/OR BY CHECKING THE BOX BELOW SIGNIFYING YOUR
ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT
AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS
OR USE THE SITE.
PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE 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.
WE MAY REVISE THESE TERMS OF USE AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE
"LAST UPDATED" DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE
FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE
TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERTEXT
LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. YOUR CONTINUED ACCESS AND/OR USE OF
THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY
SUCH REVISED TERMS OF USE.
1. General Use and Restrictions.
1.1 Use of Site. Subject to the provisions contained in these Terms
of Use including, without limitation, Section 1.4 below, you may access and use
the Site solely to view information about the products and services offered by Marcus
& Millichap (including, without limitation, information about the properties
listed on the Site) for your own internal business purposes. You agree not to access
or use the Site for any other purpose including, without limitation, any purpose
that is prohibited by these Terms of Use or that is otherwise unlawful. You further
agree to comply with all applicable U.S. and international laws, statutes, ordinances,
regulations, contracts and applicable licenses regarding your use of the Site. We
may, in our sole discretion, terminate or suspend your access to, and/or use of,
the Site, or any portion thereof, at any time, with or without notice and for any
reason (or no reason), and you agree that (a) if your authorization to access the
Site is terminated, you will not thereafter access, or attempt to access, the Site,
directly or indirectly, and (b) if your authorization to access the Site is suspended,
you will not thereafter access, or attempt to access, the Site, directly or indirectly,
until your suspension is removed and we give you express notice thereof.
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.
1.3 Use of Content. You may print a single copy of any price, rental,
conditions, photos, projections, assumptions, estimates, and/or other information
displayed or transmitted on the Site (collectively, “Content”) that
you are authorized to access; provided that you (a) do not remove any notices or
other information contained on such Content, and (b) strictly comply with the provisions
of these Terms of Use including, without limitation, Section 1.4 below.
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 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.
2. Registration. 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 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. Except for Content that is in the public
domain, the Site and all Content, as well as the selection and arrangement of the
Content, is owned by (or licensed to) Marcus & Millichap and is protected by
copyright, trade dress, trademark, unfair competition, and/or other laws and may
not be used, copied or imitated in whole or in part except as expressly provided
in Section 1.3 above. Marcus & Millichap, MarcusMillichap.com and all related
logos, products and services described in the Site are either trademarks or registered
trademarks of Marcus & Millichap or its licensors, and, except as expressly
provided in Section 1.3 above, may not be copied, imitated or used, in whole or
in part, without our prior written permission. In addition, all page headers, custom
graphics, button icons, and scripts are service marks, trademarks, and/or trade
dress of Marcus & Millichap or its licensors and may not be copied, imitated,
or used, in whole or in part, without our prior written permission. Except as otherwise
expressly provided in these Terms of Use, all rights in and to the Site and Content
are expressly reserved by Marcus & Millichap.
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.
6. Indemnification. You hereby agree to indemnify and hold harmless
Marcus & Millichap and its affiliates, officers, directors, employees, shareholders,
information providers, suppliers and licensees (collectively, "Indemnified
Parties") from and against any and all liability and costs, including, without
limitation, reasonable attorney’s fees, incurred by the Indemnified Parties
in connection with any claim arising out of (a) your access and/or use of the Site
including, without limitation, any Content, (b) any breach of any of these Terms
of Use by you or, if applicable, any user of your account, and/or (c) any allegation
which, if true, would constitute a breach of any of these Terms of Use by you or,
if applicable, any user of your Account.
7. Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN
NO EVENT WILL MARCUS & MILLICHAP AND/OR ITS SUPPLIERS BE LIABLE FOR (A) ANY
DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY
OR INABILITY TO USE THE SITE, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITE,
AND/OR THE INACCURACY OF ANY CONTENT, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE
AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT
LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF MARCUS & MILLICHAP
AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS,
MARCUS & MILLICHAP’S AND ITS SUPPLIERS AGGREGATE LIABILITY FOR CLAIMS
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR THE USE OR
PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED
IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO
$5.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES,
SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
8. Release. In the event that you have a dispute with any person
or entity arising from your use of the Site, you release 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.
10. Privacy. Information we collect on the Site from you is subject
to our Privacy Policy. You consent to the collection
and use of such information as set forth in our Privacy Policy.
11. Governing Law and Jurisdiction. The Site is hosted on servers
located in the United States and is intended to be viewed by residents of the United
States. These Terms of Use, and all matters arising out of or relating to the Site,
shall be governed by the laws of the United States and the Commonwealth of Virginia,
without giving effect to the conflict of law provisions thereof and excluding any
application of the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded. Additionally, the
Uniform Computer Information Transaction Act shall not apply to these Terms of Use
or the Site. In the event you desire to initiate any suit against Marcus & Millichap
arising out of or relating to the Site and/or these Terms of Use, you agree to bring
such suit in the federal courts sitting in Eastern District of Virginia, Alexandria
Division, USA unless no federal subject matter jurisdiction exists, in which case
you agree to bring such suit in the state courts sitting in Fairfax, Virginia, USA.
You further agree that we may initiate a suit against you arising out of or relating
to the Site and/or these Terms of Use in such courts and you hereby waive all rights
you may have or which may hereafter arise to contest jurisdiction or venue in such
courts.
12. Miscellaneous. These Terms of Use including, without limitation,
and any other terms and conditions that may appear on the Site from time-to-time
(such as, without limitation, additional representations that we may ask you to
make when submitting information to the Site) contain the full understanding with
respect to your use and access of the Site (including, without limitation, the Service)
and supersede all prior agreements, terms, conditions and understandings, both written
and oral, with respect to such use and access of the Site. You may not transfer
any rights or obligations you may have to your account or under these Terms of Use
without our prior written consent. We may transfer our rights under these Terms
of Use without your consent. If any portion of these Terms of Use is held to be
invalid or unenforceable, the invalid or unenforceable portion shall be modified
in accordance with the applicable law as nearly as possible to reflect the original
intention of the applicable provision, and the remainder of these Terms of Use shall
remain in full force and effect. A printed version of these Terms of Use of Use
and of any notices given to you in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to these Terms of Use to the
same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. The failure of Marcus &
Millichap to insist upon or enforce strict performance by you of any provision of
these Terms of Use shall not be construed as a waiver of any provision or right.
None of our rights or remedied conferred by these Term of Use are exclusive of any
other right or remedy conferred herein or by law or in equity; rather, all of such
rights and remedies are cumulative of every other such right or remedy and may be
exercised concurrently or separately from time-to-time. If we bring any suit against
you to enforce these Terms of Use or otherwise in connection with your use and/or
access of the Site, you agree that if we prevail in such suit we shall be entitled
to recover all costs and expenses incurred in such suit including reasonable attorneys’
fees. Use of the Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these Terms of Use. We may provide notice to you relating to
the Site and/or these Terms of Use by any reasonable means including, without limitation,
sending an e-mail to your last known e-mail address, and any such e-mail notice
shall be deemed given and received on the day it is sent. You agree that any cause
of action that you may desire to bring arising out of or related to these Terms
of Use and/or the Site must commence within one (1) year after the cause of action
arises; otherwise, such cause of action shall be permanently barred.