Purpose of Newsletters, Website, and Related Products
The Site is designed to provide news articles and information about commercial real estate, new residential real estate development, land use, and economic development. The information and services offered on or through the Site are provided solely for general business information, do not constitute real estate, legal, accounting, or any other professional advice, and may not be used for personal purposes.
The news articles, data, downloadable search results, text, application, software, photographs, images, graphics, charts, organization, layout, design, and all other content contained on or provided through this Site (collectively referred to as the "Content") are proprietary to Virginia Newsletters and are protected by copyright and other U.S. and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database"), which is comprised of but is not limited to news articles, commercial and residential real estate information, photographs and other images, and proprietary organization and structures for categorizing, sorting, displaying, and downloading the aforementioned. The Newsletters, Site, Content, Database, and any portion of or services associated with the foregoing, including any derivatives, successors, updates or modifications provided thereto and any information derived from the use thereof, including as a result of a downloadable "Search" of the Database, are collectively or individually referred to herein as the "Product."
Those portions of the Product that require the use of a password to access and are available only to individuals, or those acting through them, that enter into a “Subscriber Agreement” (as defined below) with Virginia Newsletters that authorizes access to Virginia Newsletters Products are referred to as the "Password Protected Products." The portions of the Product that are accessible to the general public and are not considered Password Protected Products are referred to as the "Non-Password Protected Products."
The Password Protected Products shall only be accessed by a Subscriber using the Access Information assigned to such Subscriber. Subscribers are prohibited from sharing his or her Access Information to the Product with other persons or entities.
- Your internal research and general information purposes;
- Creating general market research reports for use in-house, provided that such reports are not commercially or generally distributed;
Except as may be expressly set forth above under "Permitted Uses," it is prohibited to directly or indirectly (including in electronic form) (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell any portion of the Product, or (b) modify or create derivative works of any portion of the Product.
Notwithstanding anything to the contrary herein, it is prohibited to:
- Access any portion of a Password-Protected Product unless you are Subscriber with respect to such Password-Protected Product using the Access Information assigned to you by Virginia Newsletters;
- Access or use any portion of the Product if you are a direct or indirect competitor of Virginia Newsletters, or provide, disclose or transmit any portion of the Product to any direct or indirect competitor of Virginia Newsletters (by way of example, a "direct or indirect competitor" of Virginia Newsletters includes, but is not limited to, research and publishing companies or other real estate information services and employees thereof, and independent contractors and agents of such services);
- Provide your Access Information to any other individual, including by providing the results of queries of or reports generated from a Password-Protected Product;
- Use or distribute any Product, including news/information and data that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;
- Modify, merge, decompile, disassemble, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product;
- Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available;
- Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above;
- Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through the Internet, any bulletin board system, any other electronic network, any data library, or any other data sharing arrangement;
- Upload, post, e-mail or otherwise transmit any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner, that:
- is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive or otherwise objectionable;
- infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
- constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation;
- contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Product or servers or networks connected thereto or the activities of other users of the Product or of any computer software or hardware or telecommunications equipment; or
- you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
You are responsible for the upfront payment for the use of the components and services available on the Site and all other fees and taxes applicable to your use of the Product.
SUBJECT TO THE TERMS OF ANY SUBSCRIBER AGREEMENT BETWEEN VIRGINIA NEWSLETTERS AND YOU, WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE IN CONNECTION WITH THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
If you are accessing the Password Protected Product, you agree: (1) to provide Virginia Newsletters with accurate up to date and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable fee or other fees incurred by your use of the Password-Protected Product.
You acknowledge and agree that Virginia Newsletters may interrupt, terminate, or block your access to the Product or portions thereof at any time, subject to the terms of any user agreement in place between you or your company and Virginia Newsletters. In the event that occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from Virginia Newsletters, certify, in writing, your compliance with this provision.
If you are a Subscriber, your Subscriber Agreement sets forth an initial term that expires on a specified date. Following the effective date of termination or non-renewal of your Subscriber Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from Virginia Newsletters, certify, in writing, your compliance with this provision.
Confidentiality Within the Website and Services of Virginia Newsletters LLC
Consistent with these goals of confidentiality and privacy, in addition to any other right provided for herein, Virginia Newsletters reserves the right to compile statistical information regarding use of various features of its Product. Virginia Newsletters also reserves the right for it and its contractors to access any portion of its Product to perform customer support, product or system development, routine security inspections, to protect against unauthorized or malicious use of our products or services, to respond to legal process, or if otherwise required to do so by law.
Virginia Newsletters LLC takes these confidentiality and privacy issues seriously. If you have any questions or concerns, you should contact at us (703) 450-5085.
Subscriber Submitted Content
The Product may include opportunities for users to submit information, data, text, photographs, images, graphics, and other content, for it to be publicly displayed as part of the Product, used by Virginia Newsletters in connection with researching real estate activity, or for some other purpose ("Submitted Content"). Virginia Newsletters acknowledges that if you provide Virginia Newsletters with any Submitted Content, then you retain any applicable ownership rights that you may have with respect to such Submitted Content. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not Virginia Newsletters LLC, are entirely responsible for all such Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product. Virginia Newsletters is under no obligation to post or use any such Submitted Content you may provide and may remove any such Submitted Content at any time in Virginia Newsletters's sole discretion.
With respect to all Submitted Content you elect to upload, post, e-mail or otherwise transmit to or via the Product, you grant Virginia Newsletters and its affiliates and their licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that Virginia Newsletters may preserve any such content and may also disclose such content in its discretion.
You represent and warrant that (a) you own or have the full right, power and authority to grant to Virginia Newsletters use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product; (b) your license of such content to Virginia Newsletters hereunder does not, and the use or license of such content by Virginia Newsletters to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
Information about You
When you use the Product, Virginia Newsletters collects both personally and non-personally identifying information about you and your use of the Product. Such information includes (a) what you intentionally submit to us while using the Product, including, for example, by filling out forms with your contact information or by logging in with your Access Information, and (b) information that may be collected automatically while you use the Product, including, for example, your IP address, your IP host, session duration, any Virginia Newsletters-related cookies involved in your user session and "click stream" data that tracks user activity in the Product.
We generally use or disclose the information we collect through the Product to conduct research on and to improve the Product, to perform customer service and support, to fulfill your requests for services, and to provide you with information regarding our services, including service-related announcements.
If you have a further question, please contact us at (703) 450-5085.
You may provide a hyperlink to the home page of this Site provided that you remove any such link upon request from Virginia Newsletters. Except as set forth in the preceding sentence, or as otherwise authorized by Virginia Newsletters in writing, links to and the framing of this Product or any of its Content is prohibited. The Product may include links to other sites, some of them operated by Virginia Newsletters and some of them operated by third parties. Under no circumstances shall Virginia Newsletters be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to or from this Site, or any services that may be offered through such web sites. Virginia Newsletters has not necessarily reviewed any or all of the content of such other web sites, and we disclaim responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Accuracy, Completeness, and Timeliness of Information of Products
The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance upon the Product shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.
ALTHOUGH VIRGINIA NEWSLETTERS MAKES EFFORTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". VIRGINIA NEWSLETTERS AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE "VIRGINIA NEWSLETTERS LLC PARTIES") DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY VIRGINIA NEWSLETTERS LLC PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK AND THE VIRGINIA NEWSLETTERS LLC PARTIES MAKE NO WARRANTIES.
VIRGINIA NEWSLETTERS RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEROF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THE PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
Limitation of Liability
NONE OF THE VIRGINIA NEWSLETTERS LLC PARTIES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES RESULTING FROM ANY FAILURE TO PERFORM ANY OBLIGATION HEREUNDER OR FROM ANY DELAY IN THE PERFORMANCE THEREOF DUE TO CAUSES BEYOND VIRGINIA NEWSLETTERS'S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 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."
If you create any settings, surveys, fields or functions in the Product or input, add or export any data into or from the Product (collectively, the "User Data"), none of the Virginia Newsletters Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.
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