© 2009 CB Richard Ellis, Inc. Disclaimer: [See Paragraph 6 below]
Effective as of January 10, 2007
Please read carefully
By accessing this website ("Site") you confirm that you are a business user over the age of 18 years and permitted to use this Site, and you agree to be bound by all of the following terms and conditions of use ("Terms").
These Terms govern your access to the Site except where there are separate terms and conditions relevant to particular areas of this Site, which are indicated on the appropriate Site page. If you do not agree to abide by these Terms then you should not use this Site.
For clarity, in these Terms, references to "we", "us", "our" and "ourselves" are references to CB Richard Ellis Limited and any of its affiliates or group companies.
We may from time to time modify these Terms and will post a copy of the amended Terms on this Site. You will be bound by such updated Terms from the time they are posted on this Site. We would advise you to periodically visit this Site and this web page to ensure that you are up to date with any changes that have been made.
You agree to notify us immediately of any unauthorised use of your member name, password or account. CB Richard Ellis will not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify CB Richard Ellis for any improper, unauthorised or illegal uses of your account.
2. License to use the Site
CB Richard Ellis grants to you a limited, non-exclusive, non-transferable license to access and use the Site in accordance with these Terms. Any use of the Site not specifically permitted under these Terms is strictly prohibited.
3. Intellectual Property
You acknowledge that CB Richard Ellis owns or has a license to all title and copyright in and to the content provided on this Site. All title and intellectual property rights in and to any licensed content provided on this Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
You may use this Site for your information and internal business purposes and you may make a copy of the pages of this Site but only for your internal business use, and provided that you keep all copyright and other proprietary notices in tact. Any modification, transmission, hiring, copying or use of the content of this Site for public or commercial purposes (other than internal business use) is prohibited.
The following are registered trademarks or trademarks of CB Richard Ellis: CB Richard Ellis and its design logo, as well as certain other CB Richard Ellis trademarks, service marks, graphics, and logos (collectively, the "CB Richard Ellis trademarks") used in connection with CB Richard Ellis' provision of products and services. The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the CB Richard Ellis trademarks or the trademarks of any third party.
You agree that you will not: (i) use the Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without CB Richard Ellis' express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this Site; or (iii) use our Site in any way that violates these Terms.
You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the Site; (c) send chain letters or pyramid schemes via the Site; (d) attempt to gain unauthorized access to other computer systems through the Site; or (e) use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
The Site is provided to you "as is". Any use of this Site is at your own risk. To the maximum extent permitted by law, CB Richard Ellis excludes all warranties, either express or implied (including, but not limited to, implied warranties of satisfactory quality, fitness for purpose and the use of reasonable care and skill). CB Richard Ellis makes no representations, warranties or guarantees that this Site will be free from corruption, attack, viruses, interference, hacking, or other security intrusion.
Whilst we have worked diligently to provide accurate and complete information, this Site is provided free of charge to you and we cannot be liable to any person for any loss or damage which may arise directly or indirectly from the use of this Site (or any inability to use it) or any of the information contained on this Site.
All property listing information on this Site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this Site are for example only, and may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this Site and any contemplated transaction concerning the same.
Nothing in these Terms operates to restrict CB Richard Ellis' liability for death or personal injury arising as a result of our negligence or for fraudulent misrepresentation.
In no event will CB Richard Ellis be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, even if CB Richard Ellis has been advised of the possibility of such damages. No oral or written information or advice given by CB Richard Ellis or others will create a warranty and neither you nor any third party may rely on any such information or advice.
You will indemnify and keep indemnified CB Richard Ellis against all losses, costs claims, demands or expenses (whether direct or indirect) arising out of (i) any claim that your operation, possession or use of the Site or any part of it in contradiction of these Terms in any way or any materials or information you submit to us infringes the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the Site.
You agree that you will comply with all relevant laws applicable to your use of this Site.
CB Richard Ellis or its business partners may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. CB Richard Ellis is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.
Links on this Site and other websites that we operate may lead to third party websites. The content, accuracy and function of such websites is outside of CB Richard Ellis’s control and we cannot accept any responsibility for those websites, nor do we endorse the content of such third party websites. In particular, any dealings that you have with such third party website operators shall be on the terms and conditions (if any) of that website operator.
Access to all or any part of the Site may be suspended temporarily and without notice.
If any provision of these Terms is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
These Terms set out the entire agreement and understanding between the parties in connection with the use of this Site and shall supersede and replace all other terms and conditions purported to be applied.
These Terms are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts.
© 2009 CB Richard Ellis, Inc.