TERMS OF USE

Enriched Real Estate and the named subscriber submitting this contract (Subscriber) do hereby enter this agreement for use of the Enriched Real Estate Commercial Property Data Website. The user information submitted during the registration process and the agreement to Terms & Conditions of Use are incorporated herein.

The Enriched Real Estate website is comprised of various websites and web pages owned, operated, or licensed by Enriched Real Estate or its affiliates, suppliers, and/or vendors. The Enriched Real Estate website offers an electronic means to provide information about commercial real estate. The parties mutually agree to the following terms:

Term of Agreement

The term of this agreement begins on the date the Subscriber electronically submits this agreement and continues monthly until terminated in accordance with terms set forth in this agreement.

Subscriber Considerations

There is a monthly subscription fee to use this service, assuming the user registers for an account and agrees to the Terms & Conditions of Use. Alternate costs are varied for a tiered licensing scheme allowing a company to register a certain number of users. In either subscription method, the same rules apply.

Any change to the subscription terms, including change to a fee subscription, will be preceded by a 30-day notice to the user.

Services Offered

Subscriber will have unlimited access to Enriched Real Estate website through Subscriber’s personal Internet medium and in accordance with the Terms and Conditions of Use and Subscriber Considerations outlined in this agreement.

Member Account, User ID and Security

Subscriber will receive a User Name and password upon completion of the registration process. Subscriber is responsible for maintaining the confidentiality of the account and contact (including the User Name and password) and is fully responsible for all activities that occur under Subscriber’s account. Subscriber will (a) immediately notify Enriched Real Estate of any unauthorized use of Subscriber’s account or any other breach of security, and (b) ensure that the user has logged out of their account at the end of each session. Enriched Real Estate cannot and will not be liable for any loss or damage arising from Subscriber’s failure to comply with this expectation.

Customer Support

Enriched Real Estate will use commercially reasonable efforts to respond to Subscriber questions or technical difficulties during regular business hours. Enriched Real Estate is entitled to shut down the Enriched Real Estate website for regular maintenance during non-peak usage hours.

Data Warranty

ENRICHED REAL ESTATE AND/OR ITS RESPECTIVE AFFILIATES, VENDORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, AVAILABILITY, TIMELINESS, AND SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ENRICHED Real Estate WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ENRICHED Real Estate AND/OR ITS RESPECTIVE AFFILIATES, VENDORS AND SUPPLIERS HERBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT SHALL ENRICHED REAL ESTATE AND/OR ITS AFFILIATES, VENDORS AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ENRICHED REAL ESTATE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE ENRICHED REAL ESTATE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES OBTAINED THROUGH THE ENRICHED REAL ESTATE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ENRICHED REAL ESTATE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENRICHED REAL ESTATE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF THE 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 SOME SUBSCRIBERS. IF THE SUBSCRIBER IS DISSATISFIED WITH ANY PORTION OF THE ENRICHED REAL ESTATE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ENRICHED REAL ESTATE WEBSITE.

Purpose

The Enriched Real Estate Website is a data gathering and dissemination site for commercial use only. Subscriber shall not modify, copy, (except for Subscriber's own use; including the premium option for the exportability of the data), distribute, disclose, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the O'Connor Web Site. Subscriber may not use or copy this product except as expressly provided for in this agreement.

Subscriber is not authorized and agrees not to access or query the Website through the use of high-volume, automated, electronic processes, or to download more sales than the limit set by Enriched Real Estate and allowed by the Website database. The Subscriber agrees that the data will be utilized only for lawful purposes and that under no circumstances will the data be utilized to:

  • Allow, enable, or otherwise support the transmission of mass unsolicited commercial advertising or solicitations via any method,
  • Provide any data to any Texas appraisal district.
Termination

Enriched Real Estate reserves the right to terminate your access to the Website in its sole discretion for any reason, including excessive querying of the database or dissemination of the data to a Texas appraisal district or failure to comply with the terms of this agreement including non-payment or non-compliance with the terms of this agreement. Subscriber may terminate with 30 days written notice.

Enriched Real Estate and its affiliates respect the intellectual property of others, and Enriched Real Estate Web will restrict and/or terminate, in appropriate circumstances, the ability to submit content and/or use Enriched Real Estate Web by Subscribers that violate confidentiality provisions or these Terms of Use. If Subscriber believes any property record or data within a property record is copied, in any way constitutes copyright infringement and is not the ownership of Subscriber, then Subscriber cannot submit this information for sharing. You may notify Enriched Real Estate if Subscriber believes any data within database is conflicted

Ownership of Data Submitted by Users

Enriched Real Estate does not claim ownership or proprietary rights to the Data that Subscriber submits to the database. However, by sharing and submitting ownership, lease, photos, graphics, images, transaction and other property information, Subscriber is granting Enriched Real Estate, its affiliated companies and sub-licensees, a perpetual and unlimited license and permission to use Subscriber’s data at no cost and Enriched Real Estate can use, republish, modify, enhance, display, distribute, sell or use the information in any form. Enriched Real Estate retains the right to utilize data points provided in any manner by Subscriber even after termination of this agreement.

Subscriber agrees to only submit data that is not copyright protected and can legally be provided. Subscriber is entirely responsible for uploaded content and provides data only that was directly confirmed by Subscriber as factual data. In no event will Subscriber submit data derived from other data services like Costar, Loopnet, DataQuick, Corelogic or third party data providers; or will Subscriber provide data where Subscriber’s other data subscriptions prohibit such data transfer. This means Subscriber, not Enriched Real Estate, is solely responsible for all content submitted and that Subscriber owns or have rights, power and authority to transmit the data; the uploaded data will not infringe on any subscriptions, rights or licenses Subscriber has existing or previously contracted and there are not rights for claims, judgments or representations against Enriched Real Estate as a result of Subscribers submitted data.

Enriched Real Estate has no obligation to research the Subscriber’s data for accuracy or determine if Subscriber is violating any other copyright or licensing agreements Subscriber may have in affect currently or previously.

Enriched Real Estate gives the Subscriber the right to protect the sharing of a property record or fields within a property record. It is the Subscriber’s responsibility to protect the confidentiality of all submitted records, or fields of data within a submitted property record, as required by law.

Web-based Application Prohibitions

Subscriber acknowledges that the Enriched Real Estate Website is either the licensed or copyrighted work of Enriched Real Estate and/or its affiliates, vendors, and suppliers. The Enriched Real Estate Website is owned, licensed, or covered by a use agreement by Enriched Real Estate and/or its affiliates, vendors, and any suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the database is prohibited by law, and may result in severe civil or criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE WEBSITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Subscriber acknowledges that the Website, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. Subscriber agrees not to export or re-export the Website, partly or in full, directly or indirectly, to any countries that are subject to USA export restrictions.

Improper Use of Services

Subscriber agrees that he/she will not:

  • Email, publish, post, upload, distribute, transmit or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Falsify or delete any author attributions, 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.
  • Collect information about Enriched Real Estate, its affiliates, suppliers and vendors without their consent.
  • Share or provide confidential data, property records or data within those property records that is not permitted to be shared or published by law, restricted by prior and existing subscriptions or required due to the confidential nature of the information.
  • Any downloaded information is used so at Subscriber’s risk. Subscriber agrees that all information should be confirmed with a reliable party prior to their use. Enriched Real Estate shall not be liable for any damages resulting from Subscribers use, interpretation or processing of the data.
  • Violate any applicable laws or regulations.
  • Subscriber shall not attempt, nor assist or provide the opportunity, to reverse-engineer any of the applications or Website functions. The Enriched Real Estate website may not be used in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.
Derivative Works and Attribution of Data

Subscriber may utilize small quotes or a combination of small pieces of information from the O'Connor Web Site to disseminate to clients or prospective clients. Any use of the data is subject to the requirement that the information be properly attributed to Enriched Real Estate. Proper attribution must include the name Enriched Real Estate or www.EnrichedData.com as the source.

Monitoring

Enriched Real Estate reserves the right to monitor all materials posted to the O'Connor Web Site in its sole and absolute discretion. O'Connor reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Indemnity

Subscriber agrees to indemnify, defend, and hold harmless Enriched Real Estate from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys' fees), arising out of or relating to Subscriber’s Submitted Content, use or misuse of any portion of the Product, or your violation of these Terms of Use or a separate License Agreement. Subscriber shall cooperate as fully as reasonably required in the defense of any such claim or demand. Subscriber and any third party involved in creating, producing, or delivering the Product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber, at Subscriber’s expense, and Subscriber shall not in any event settle any such matter without the written consent of Subscriber and any such third party.

General

This Agreement is governed by and interpreted in accordance with the laws of the State of Texas, U.S.A. and jurisdiction and venue shall be in the courts of Harris County, Texas, U.S.A.

No joint venture, partnership, employment, or agency relationship exists or shall be created by or between Enriched Real Estate and Subscriber as a result of this Agreement or use of the Enriched Real Estate website.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between the Subscriber and Enriched Real Estate with respect to the Enriched Real Estate website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Subscriber and Enriched Real Estate with respect to the Enriched Real Estate website. Enriched Real Estate reserves the right at any time, and from time to time to modify, discontinue or alter the content of the Enriched Real Estate website, and its affiliates, suppliers and vendors shall also have such right in connection with any link offered through terms, conditions, and notices under the Enriched Real Estate website.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

*** Your use of an electronic device to click the “Submit” button constitutes your signature, acceptance and agreement to this contract as if signed by you in writing and has the same force and effect as a signature affixed by hand.

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