TERMS AND CONDITIONS
- Acceptance of Terms
Welcome to the Local Market Monitor, Inc. (Local Market Monitor) website located at www.localmarketmonitor.com (collectively, with any and all successor sites thereof, the “Site”). Access to or use of the Site and any materials or services accessible through the Site is contingent upon your acceptance of these Website Terms and Conditions, the Local Market Monitor Privacy Statement located at www.localmarketmonitor.com/index.cfm?event=privacy and any other rules, guidelines and additional terms referenced therein (collectively, “Terms and Conditions”). These Terms and Conditions constitute a valid and binding agreement between Local Market Monitor (“us” or “we”) and you (“you” or “user”). If you do not accept these Terms and Conditions, we do not grant you any right or license to access or use the Site, and you should exit the Site immediately.
- Revisions to Terms and Conditions
These Terms and Conditions and any features, products or services offered through the Site may be added, deleted or modified at any time and for any reason, without notice or obligation. Continued access to or use of the Site following any such changes shall be deemed an acceptance and ratification of such changes by the user. We strongly recommend that you periodically visit this page of the Site and review these Terms and Conditions. These Terms and Conditions are effective as of January 16, 2009.
- Intellectual Property Rights
Any and all works of authorship, inventions, discoveries, trademarks, service marks, or other intellectual property in connection with the Site, forecasts, and other products, materials or services described or furnished on or through the Site (collectively, “Intellectual Property”) are the sole property of Local Market Monitor or its third party licensors and are protected to the fullest extent possible by copyright, trademark and other intellectual property laws. You shall have no right, title, or interest under any such Intellectual Property except as expressly permitted hereunder. You are strictly prohibited from copying, preparing derivative works of, reproducing, retransmitting, distributing, publishing, commercially exploiting, or otherwise transferring any such materials in any format or medium whatsoever. The content and materials furnished and otherwise made available by other Site users and subscribers are provided to you for use solely as expressly permitted herein or on the Site. If you wish to redistribute or use such content and materials in any other manner, you bear sole responsibility to obtain permission from the user or subscriber who posted it and sole liability in connection with any such redistribution or use.
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about yourself or your company as requested on the Site registration form, and (b) maintain and promptly update the registration information (including, in particular, your e-mail address) on the Site so that such information remains accurate, current and complete. If you provide (or if we have reasonable grounds to suspect that you have provided) information that is inaccurate, not current or incomplete, we may suspend or terminate your account and use of the Site.
By accepting these Terms and Conditions, you represent and warrant that you are at least 18 years old. If you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
- Your Account and Password
Each account registration is for a single user only. You are solely responsible for safeguarding and maintaining the secrecy and confidentiality of your account and related information. Any use of an account established through the Site is the sole responsibility of the account holder. Account holders should immediately notify Local Market Monitor of any unauthorized use of an account established on or through the Site.
- Use of the Site
You are solely responsible for all messages, data, information and other materials (the "Messages") that you upload, post, e-mail or otherwise transmit ("Transmit") to the Site.
You agree that you will not: (a) use the Site in any unlawful manner or Transmit any Message that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another's privacy or racially, ethnically or otherwise objectionable; (b) use the Site to harm minors in any way; (c) transmit any Messages: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringe any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret of any third party; (iii) that constitute unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contain any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any messages transmitted through the Site; (e) interfere with the Site or servers or networks connected to the Site; (f) interfere with the ability of others to use the Site; (g) reproduce, sell, resell, sub-license, distribute or exploit for any commercial purposes, any portion of the Site; (h) conduct your business on the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; or (i) otherwise use the Site in connection with violation of any law or contract. You acknowledge and agree that Local Market Monitor may disclose or use any Messages that you Transmit for the purposes of (A) enforcing these Terms and Conditions; (B) complying with any laws, regulations or rules of any federal, state or local government or agency; (C) responding to claims that any Messages violate the rights of third parties; or (D) protecting the rights or property of Local Market Monitor, its customers and the public. With respect to Messages that you Transmit to public areas of the Site, you grant Local Market Monitor a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute, delete and create derivative works of such Messages. Any access to or use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized and may subject you to civil or criminal penalties.
- Termination of Use
You agree and acknowledge that Local Market Monitor may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. Local Market Monitor may also, from time to time, establish general rules and policies regarding use of the Site. Local Market Monitor will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. Local Market Monitor shall have no liability for any termination of your access to or use of the Site.
- Linked Sites
Local Market Monitor has not reviewed all of the sites linked to the Site and is not responsible for the content of any third-party pages or any other sites linked to the Site. Your choice to link to any other off-site pages or other sites is at your own risk, and you agree to comply with all terms and conditions relating to such pages or sites. Local Market Monitor reserves the right not to link, or to remove the link, to a particular site at any time. Any links to third-party sites are provided as a convenience to you and are neither owned nor operated by Local Market Monitor. Local Market Monitor has no control over these linked sites and makes no representations or warranties with respect to these linked sites. Use of any third-party site is at your sole discretion and risk.
- Special Admonitions for International Use
Local Market Monitor does not represent that the Site is appropriate or available for use in countries outside the United States. If you choose to access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with foreign and local laws. You agree to comply with all applicable laws and regulations regarding the transmission of data exported from the United States or the country in which you reside.
- Software Applications
Any software (the "Software") that is made available through the Site to download, use or otherwise license is the copyrighted work of Local Market Monitor and/or its third-party suppliers. If applicable, use of the Software shall be governed by the terms of a license agreement (the "End User License Agreement"), which may accompany or be included with the Software. You agree to comply with the terms of all End User License Agreements that may be associated with Software that you download, use or otherwise license through the Site, in addition to these Terms and Conditions.
- Legal Requirements
Where Local Market Monitor has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid legal process, Local Market Monitor may disclose Intellectual Property addresses and other information provided to or through the Site where it is legally compelled to do so. Please review the Local Market Monitor Privacy Statement located at www.localmarketmonitor.com/index.cfm?event=privacy for information relating to the privacy and security of personal information collected through the Site.
You acknowledge and agree that Local Market Monitor may terminate your account or use of the Site for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Local Market Monitor may terminate your access to and use of the Site without prior notice and without any liability to you or any third party.
- Disclaimers and Limitation of Liability
LOCAL MARKET MONITOR IS PROVIDING THE SITE AND ITS CONTENTS, INCLUDING, WITHOUT LIMITATION, CONTENT RELATED TO THE REAL ESTATE INDUSTRY AND ANY ADVICE IN CONNECTION THEREWITH, WHETHER VIA EMAIL OR TELEPHONE EXCHANGE, ON AN "AS-IS," "AS-AVAILABLE" BASIS. LOCAL MARKET MONITOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES FURNISHED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOCAL MARKET MONITOR DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS, INFORMATION OR SERVICES PROVIDED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, CURRENT OR VIRUS-FREE, OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. LOCAL MARKET MONITOR DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM DOWNLOADING SUCH MATERIAL AND/OR DATA.
LOCAL MARKET MONITOR AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND OTHER REPRESENTATIVES, ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS YOU MIGHT INCUR ARISING OUT OF OR IN ANY CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY AND ANY OTHER STATUTORY CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF LOCAL MARKET MONITOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Local Market Monitor’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Site.
THE SITE CONTENT AND INFORMATION ON THE SITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO SUPPLY LEGAL, FINANCIAL, MANAGEMENT, ACCOUNTING, OR OTHER FORMS OF ADVICE. USE OF THE SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY OR OTHER PROFESSIONAL ADVISOR. IF LEGAL OR OTHER EXPERT ASSISTANCE OR ADVICE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. THE SITE CONTENT AND INFORMATION SHOULD NOT BE THE SOLE SOURCE OF ANY SPECIFIC FINANCIAL, LEGAL, ACCOUNTING OR OTHER DECISIONS. WE DO NOT GUARANTEE THE ACCURACY OF ANY FORECAST INFORMATION OFFERED THROUGH THE SITE.
You agree, at your own expense, to indemnify, defend and hold harmless Local Market Monitor and its employees, representatives, suppliers and agents against any claims, liabilities, costs or damages, including reasonable attorneys' fees, made by any third party based on or arising from your access to or use of the Site, any Messages you Transmit, or any violation of these Terms and Conditions or other act or omission by you, including your violation of any rights of another, arising from your use of the Site.
- Proper Law and Jurisdiction
These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A., without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sales of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forum for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in Raleigh, North Carolina, USA, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Site, or by any other means deemed reasonable by Local Market Monitor.
Notices to you may be made via either e-mail or regular mail. Local Market Monitor may also provide notices of changes to these Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Site.
Except as set forth in Section 20, all notices, demands, or consents given from you under this Agreement will be in writing and will be deemed given when delivered to Local Market Monitor by an email with the subject heading "CONTRACT NOTICE" which is sent to a Local Market Monitor-designated URL for support and/or notices found at
Please report any violations of these Terms and Conditions to Local Market Monitor in accordance with Section 16.
You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect.
No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of the agreement between the parties respecting the Site. Local Market Monitor's decision not to enforce a particular provision of this Agreement does not mean that Local Market Monitor waives the right to enforce it. Local Market Monitor shall waive such a right only in writing.
- Surviving Provisions
The provisions of Sections 3-5, 8, 11-20 shall survive any termination of these Terms and Conditions.
- Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Local Market Monitor’s copyright agent the written information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Local Market Monitor, Inc.
Local Market Monitor’s copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
PO Box 752
Cary, NC 27512