Please read this Terms of Service Agreement carefully before indicating whether you are willing to accept its terms. By reading any of the content of this website, you acknowledge that you have read this Agreement, understand it, and agree to be bound by it.
If you do not agree to any of the terms below, Cap Rate Data is unwilling to grant you access to its services or those areas of its web site that are open to its clients. If you are unwilling to accept all of the terms of this Agreement, you should not read any further and you should exit the web site.
“Cap Rate Data” are trade names owned by Cap Rate Data, (hereinafter referred to as “Cap Rate Data”).
This Terms of Use Agreement (“Agreement”) is made by and between Cap Rate Data and the person (“You”) making use of the services provided by Cap Rate Data through its platform, website and service.
Platform, Website and Service Description
Cap Rate Data provides online data services (“Services”) intended to assist individuals in real estate education and entertainment. Without signing in or sign up, users can visit a subset of pages.
Users of the service can skim through various pages and leave comments where the site allows. The Site does not offer or solicate investment advice of any kind whatsoever.
All information and services are exchanged electronically, via the internet. You are responsible for maintaining your own access to the internet.
Limitations
Subscription to the Service and payment of the fee authorizes a single individual or entity to use the Service on a negotiated basis.
You are responsible for maintaining the confidentiality of such passwords and/or user I.D., and you agree that you will be responsible for all use of any such password and/or user I.D., including any access to, or use of, the Service by unauthorized persons. In the event that your password and/or user I.D. is lost or stolen, please notify Cap Rate Data immediately so that a new password or user I.D. may be issued promptly.
You may not grant, resell or sublicense access to the Site or the Service, or any of the rights granted to you herein, to any third party.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site or the Service.
You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or access the source code from which any component of the Site or the Service is compiled or interpreted, and nothing in this Agreement may be construed to grant any right to obtain or use such source code.
You agree not to use the Site or the Service to violate any local, state, national or international law or to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity.
Warranties
Cap Rate Data undertakes commercially reasonable efforts to ensure that the information it provides is current and accurate. However, Cap Rate Data does not warrant that any information it provides are the most current editions and Cap Rate Data does not warrant the accuracy of information. Cap Rate Data also undertakes commercially reasonable efforts to protect the confidentiality of the information you provide, in accordance with the privacy policy stated on the Site. However, Cap Rate Data does not guaranty the confidentiality of such information against unauthorized third party access or system failure.
THE SERVICE, THE FORMS, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING, ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, Cap Rate Data DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. Cap Rate Data DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR VIRUS FREE. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, Cap Rate Data DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE THROUGH THE SITE.
Limitations of Liability
IN NO EVENT SHALL Cap Rate Data OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR FOR LOSS OF PROFITS OR DAMAGES ARISING DUE TO BUSINESS INTERRUPTION OR FROM LOSS OR INACCURACY OF INFORMATION, TO THE EXTENT ANY OF THE FOREGOING ARISES IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE, AND/OR THE SITE, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Cap Rate Data WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF Cap Rate Data TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT THE SITE OR THE SERVICE, EXCEED THE TOTAL FEES PAID TO Cap Rate Data BY YOU DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF ANY CLAIM. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND Cap Rate Data RELATING TO THE PROVISION OF THE SERVICE TO YOU AND Cap Rate Data WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THIS LIMITATION.
Obligations
You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Service. While using the Site, you may not:
restrict or inhibit any other user from using and enjoying the Site;
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations;
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Cap Rate Data) or engage in spamming or flooding;
post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.
A password and/or unique user I.D. will be provided to you. You are responsible for maintaining the confidentiality of such passwords and/or user I.D., and you agree that you will be responsible for all use of any such password and/or user I.D., including any access to, or use of, the service by unauthorized persons. In the event that your password and/or user I.D. is lost or stolen, please notify Cap Rate Data immediately so that a new password or user I.D. may be issued promptly.
Cap Rate Data has no obligation to monitor the Site. However, you acknowledge and agree that Cap Rate Data has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Cap Rate Data reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement.
Other than the personal information submitted by you for the purpose utilizing the Service, any communications or material of any kind, including data, questions, comments or suggestions, that you e-mail, post or otherwise transmit through the Site will be treated as non-confidential and nonproprietary. Cap Rate Data reserves the right to share certain account or other information with governmental organizations or other third parties when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of Cap Rate Data or others.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Cap Rate Data AND ITS AFFILIATES AND MEMBERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY Cap Rate Data AND RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SITE WITH YOUR PASSWORD.
Duration of Terms
This Agreement will become effective and binding when you have acknowledged your acceptance of all the terms and conditions herein by following the instructions set forth on the Site. Once in effect, this Agreement will continue in operation until terminated by either you or us. However, even after termination, the provisions of sections III and VI of this Agreement will remain in effect. You may terminate this Agreement at any time and for any reason by providing notice to Cap Rate Data in the manner specified on the Site or by choosing to cancel your access to the Service using the tools provided for that purpose within the Site. We may terminate this Agreement without notice or, at our option, temporarily suspend your access to the Service and/or the Site, in the event that you breach this Agreement. Notwithstanding the foregoing, Cap Rate Data also reserves the right to terminate this Agreement at any time and for any reason by providing notice to you either through email or other reasonable means. After termination of this Agreement for any reason, you understand and acknowledge that Cap Rate Data will have no further obligation to provide the Service or access to the Site. Upon termination, all licenses and other rights granted to you by this Agreement will immediately cease.
Modification of Terms
Cap Rate Data may change the terms of this Agreement from time to time. You will be notified of any such changes via e-mail (if you have provided a valid email address) and/or by posting notice of the changes on the Site. Any such changes will become effective when notice is received or when posted on the Site, whichever first occurs. If you object to any such changes, your sole recourse will be to terminate this Agreement. Continued use of the Service or the Site following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by such changes.
Modification to Service
Cap Rate Data reserves the right to modify or discontinue the Service with or without notice to you. Continued use of the Service following notice of any such changes will indicate your acknowledgement and acceptance of such changes and satisfaction with the Service as so modified.
Ownership
Cap Rate Data and/or its vendors and suppliers, as applicable, retain all right, title and interest in and to the Service, the Site and all information, content, software and materials provided by or on behalf of Cap Rate Data. Except for the use of publicly available forms and information which you obtain from sources other than Cap Rate Data, you agree that you will not copy, reproduce, distribute or create derivative works from any information, content, software or materials provided by Cap Rate Data, or remove any copyright or other proprietary rights notices contained in any such information, content, software or materials without the copyright owner’s prior written consent.
Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Cap Rate Data, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) unsolicited ideas submitted to Cap Rate Data or any of its employees or representatives automatically become the property of Cap Rate Data.
Miscellaneous
You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Service or the Site, or the transactions contemplated in this Agreement. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void. This Agreement and the rights and obligations of the parties with respect to the Site and the Service will be subject to and construed in accordance with the laws of the State of Delaware, excluding conflict of law principles. You consent to jurisdiction and venue exclusively in the State of Delaware. This is the entire agreement between you and Cap Rate Data with regard to the matters described herein and govern your use of the Service and the Site, superseding any prior agreements between you and Cap Rate Data with respect thereto. The failure of Cap Rate Data to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Service or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You must be at least 18 years old (EDT) to visit, use, observe, engage or utilize the Site in any way what so ever.