Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. YOUR USE OF THIS PRODUCT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
Acceptance of Terms of Use
This Site (the “Site”) is operated by Nordic Real Estate Services, LLC and its affiliates (collectively, “Nordic Real Estate Services” or “NRES” or “we” or “us”). By accessing or using this Site (or any part thereof), you agree to be legally bound by the terms and conditions that follow (the “Terms of Use”). Nordic Real Estate Services reserves the right to change or modify the Terms of Use at any time and as they see fit. These Terms of Use apply to your use of this Site and any site or product owned by Nordic Real Estate Services. This document and use of our services constitute a legal contract between you and Nordic Real Estate Services, and by accessing or using any part of this Site or any product owned or operated by Nordic Real Estate Services, you represent and warrant that you have the right, power, and authority to agree to and be bound by these Terms of Use. If you do not agree to the Terms of Use, or if you do not have the right, power, and authority to agree to and be bound by these Terms of Use, you are prohibited from using this site or any of Nordic Real Estate’s Products.
Purpose of The Product (Compass)
The Product, also known as “Compass”, is intended to provide real estate valuations, management guidance, and property projections. The information and services offered on or through Compass are provided solely for the purpose of general business information, and do not constitute real estate, legal, tax, accounting, investment, or other professional advice, and may not be used for or relied upon for any of these purposes.
No fiduciary, advisory, lawyer-client, or any other relationship is created by you using or accessing Compass, communicating by email, or through any site owned by Nordic Real Estate Services. You will not use any information or services provided by this Site or Nordic Real Estate Services for personal, family or household purposes. You will not use any information or services provided by this Site or Nordic Real Estate Services to determine an individual’s eligibility for insurance, employment, credit, or government license or benefit. You will not use this Site or our Products in any way that is intended for the purpose (as defined below) to comprise a “consumer report” under the Fair Credit Reporting Act, Reporting Act, 15 U.S.C. § 1681 et seq. or in any other manner that is intended to be used as a consumer report by any government authority.
Services
All information, data, text, software, photographs, images, forms, agreements, graphics, organization, layout, design, and other content contained on or provided through this Sheet (collectively, the “Material”) are proprietary to Nordic Real Estate Services and its licensors and are protected by copyright within the United State of America and all international intellectual property rights, laws, and treaties. The Material includes any proprietary databases (the “Database”) of residential or commercial real estate information, which, includes the tools provided by Nordic Real Estate Services, such as “Compass” which features a service in which users provide information, text, proprietary information, photographs and other images, and data about real estate properties (collectively, the “Information”) to help users value, analyze, or manage real estate properties. This Information will be collected for the purpose of improving our user’s experience. The Site’s, Material, Database, Information, Software, calculations, and any previous information, including any variations, adaptions, successors, updates, or modifications provided including any information derived from the use of the Site are collectively referred to herein as the “Product”.
Those portions of the Product that may be accessed by the public and that do not require any use of Passwords (as defined below) or two factor authentications are referred to as the “Non-Password Protected Product”. Those portions of the Product that require use of Password or two factor authentications are available only to individuals or entities (“Nordic Real Estate Services Clients”), or those acting through them, who enter into a License Agreement (as defined below) with Nordic Real Estate Services that authorizes access to such services are referred to as the “Password Protected Product”.
The Password Protected Product includes, for example, Compass, site accounts or any Products owned by Nordic Real Estate Services that requires a password to access. Nordic Real Estate Services utilizes registered and unregistered trademarks protected by United States and other laws. A “License Agreement” is defined as either:
1. a written and signed contract between a Client and Nordic Real Estate Services that licenses access to a Nordic Real Estate Services service, or
2. an online contract between the Client and Nordic Real Estate Services that is formed by online registration and acceptance of these Terms of Use or other online contract established by Nordic Real Estate Services and that authorizes access to a Nordic Real Estate Services Product or services.
Only Authorized Users (defined below) for a Password Protected Product may access this product and they may only access it through using the username and password specific to them (collectively, the “Passwords”). Nordic Real Estate Services is under no obligation to confirm the actual identity or authority of any party accessing the Passwords Protected Product under your Passwords or other verification method. An Authorized User will maintain the confidentiality of his/her Passwords and are prohibited from sharing his/her Passwords with any other person, nor may an Authorized User allow any other person to use or have access to his/her Passwords. You agree to notify Nordic Real Estate Services Account Security, via email at Support@NordicRealEstateServices.com or via telephone at 970-433-2025 immediately of any unauthorized use of any Passwords or other breach of security.
Unauthorized attempts to:
1. defeat or circumvent Passwords;
2. use the Site or the Product for other than intended purposes; or
3. obtain, alter, damage, or destroy information or otherwise to interfere with the system of its operation are not permitted and may result in a loss of access to the Password Protected Product. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of the United States or such other jurisdictions as may apply.
An “Authorized User” is defined as:
– (a) an individual employed by a Nordic Real Estate Services Client or a Special Contractor (as defined below) of a Nordic Real Estate Services Client at a site identified in the License Agreement, and
– (b) who is specified in the License Agreement as a user of a specific Password Protected Product and represented by the Client to be an employee or Special Contractor of the Client. A “Special Contractor” is defined as an individual person working solely for the Nordic Real Estate Services Client and not another company with real estate analysis or information needs or for themselves and performing the same services for the Client as an employee of a Nordic Real Estate Services Client. Nordic Real Estate Services issuance of a Password shall not be construed as a confirmation or admission by Nordic Real Estate Services that the person receiving the Password qualifies as an Authorized User.
Nordic Real Estate Services News and Blogs
Nordic Real Estate Services may provide news and blogs as part of its offering to its users (“Nordic Real Estate Services News”). Nordic Real Estate Services News is provided through the Site and email. As a subscriber to Nordic Real Estate Services, Nordic Real Estate Services grants you a limited revocable license to use Nordic Real Estate Services News for non-commercial use subject to rules and limitations herein. You shall be subject to the following rules regarding satisfactory behavior and practices:
1. You may not adjust, publish, spread, display, participate in the transfer or sale, create copied works, or in any way exploit the Material of Nordic Real Estate Services News sites or any portion of such Material.
2. You may not use any data mining, robots, or similar data gathering and extraction tools on the Material, frame any portion of the Nordic Real Estate Services News sites or Material, or publicly display, broadcast, transmit, modify, reproduce, reprint, copy, store, translate, port, publish, sublicense, assign, transfer, sell, loan, or distribute the Material without Nordic Real Estate Services, prior written consent.
3. You may not bypass any mechanisms included in the Material for avoiding the unapproved reproduction or distribution of the Material.
4. You may not upload, post, or otherwise distribute or participate in the distribution of a software virus or any other computer code that is intended to disrupt, damage, or limit the functionality of the Site, any other online services, or to obtain unauthorized access to the online services, Material, content, data, other user information, or other information of any third party.
5. You may not attempt to gain unauthorized access to networks connected to the online services, other computer systems, use the online services Material, or any information contained therein for any unlawful purpose; Nordic Real Estate Services, shall determine whether any Material you transmit or receive, or your use violates these terms at its sole and absolute discretion.
6. You may not use the online services, Material or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
As between Nordic Real Estate Services and you, the content and Materials incorporated by Nordic Real Estate Services on the Site are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by Nordic Real Estate Services on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Nordic Real Estate Services or others.
Links
The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Nordic Real Estate Services has no control over such sites and resources, you acknowledge and agree that Nordic Real Estate Services is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other Materials on or available from such sites or resources. Nordic Real Estate Services will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Material, goods or services available on or through any such site or resource.
This Site may be linked to other websites which are not under the control of and are not maintained by Nordic Real Estate Services. Nordic Real Estate Services is not responsible for any third-party Material or content of those sites. Nordic Real Estate Services is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Nordic Real Estate Services of those sites.
Free Trial
From time to time, at Nordic Real Estate Services’ sole discretion, Nordic Real Estate Services might offer a free trial period (“Free Trial”) to specific individuals (“Free Trial Participant”) chosen by Nordic Real Estate Services to participate in the free trial. Nordic Real Estate Services will explicitly notify the Free Trial Participants of their eligibility to participate in the Free Trial. Unless terminated sooner by Nordic Real Estate Services, the Free Trial shall go on for the length of time specified in the email from Nordic Real Estate Services that delivers any notification to the Free Trial Participant. The terms set forth in that email or notification, combined with these Terms of Use, shall constitute a License Agreement between Nordic Real Estate Services and the Free Trial Participant relating to such individual’s access to and use of the associated Password Protected Products being offered through the Free Trial. Throughout the Free Trial, the Free Trial Participant shall be viewed as an Authorized User and a Nordic Real Estate Services Client (as defined in these Terms of Use) and may use the Password Protected Product during the Free Trial subject to and solely in accordance with the terms outlined in such License Agreement relating to the Free Trial (which includes these Terms of Use).
Client Data
Any documents or data input or stored in the “Data Entries” section of Compass is intended to be confidential. Except as otherwise provided herein, Nordic Real Estate Services personnel shall not disclose to others the documents or other information stored there. Authorized access is designed to be restricted to the Authorized User(s) that store the information there and other users designated by such Authorized User(s) to have access to the information. Nordic Real Estate Services and its contractors also reserves the right to access any portion of its services to perform customer support, product or system development, routine security inspections, to protect against unauthorized use of our products or services, to respond to legal process, or if otherwise required to do so by law. Consistent with this goal of confidentiality, in addition to any other right provided for herein, Nordic Real Estate Services reserves the right to compile statistical information regarding use of various features of this Site. Nordic Real Estate Services will take appropriate precautions to ensure the privacy of Client Data and will disclose Client Data under these set circumstances:
1. To individuals designated by the Client Administrator has authorized;
2. Government organization(s), but only as required by a verifiable warrant;
3. In an aggregated form where the data is combined with other similar data from other Nordic Real Estate Services Clients so that the results of the “Statistical Data” maintains anonymity as to the source of the data;
4. In a way the details and source of the information is not revealed – “Generic Data”; or
5. Where the Client’s data is processed and analyzed using Nordic Real Estate Services Methodologies and inputs to generate “Analyzed Data” that protects the specific underlying subject property and Client Data.
Nordic Real Estate Services may disclose Statistical Data, Generic Data and Analyzed Data to any Nordic Real Estate Services Client.
Submitted Material
All Data Entries, information, data, text, photographs, images, illustrations, messages, links, expressions of ideas and other Material or content to the Product, that is put into Nordic Real Estate Services Site’s; whether it is for it to be publicly displayed on the Product or confidentially stored on your profile, can be used by Nordic Real Estate Services in connection with researching real estate activity, or for some other purpose (“Submitted Material”). Nordic Real Estate Services acknowledges that if you provide Nordic Real Estate Services with any information, data, or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you recognize that all such Submitted Material, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Material originated. This means that you, and not Nordic Real Estate Services, are entirely responsible for all such Material that you input, upload, post, e-mail or otherwise transmit to or via the Product. Nordic Real Estate Services is under no obligation to post or use any such Submitted Material you may provide, and Nordic Real Estate Services may remove any such Material or Content at any time at Nordic Real Estate Services sole discretion.
With respect to all Submitted Material you elect to input, upload, post, e-mail or otherwise transmit to or via the Product, you grant Nordic Real Estate Services and its licensees a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, communicate to the public by telecommunications, make available, adapt, perform, display, publish, translate, prepare copied works from, alter, distribute, sell, rent and take any other action with respect to such Material (in whole or part) worldwide and/or to integrate it in other works in any form, media, or technology now known or later developed. You further recognize and agree that Nordic Real Estate Services may maintain any such Material and may also divulge such Material in its discretion. The above license is without limitations of any kind and with no payment due from Nordic Real Estate Services.
You also hereby forever waive and agree to never declare any and all Moral Rights you may have with respect to any Submitted Material. “Moral Rights” means any so-called “moral rights” or any comparable right which you may have in any Submitted Material, existing under judicial or statutory law of any country in the world, or under any treaty. For greater certainty, these so-called “moral rights” shall not include the so-called “paternal right”.
You represent and warrant that:
a) You own or have the full right, power, and authorization to grant to Nordic Real Estate Services use of and rights in all Submitted Material that you upload, input, post, e-mail or otherwise transmit to or via the Product.
b) Your license of such Material to Nordic Real Estate Services hereunder does not, and will not, violate any right or interest held or possessed by any third party. Nordic Real Estate Services will hold no liability or responsibility for using Submitted Material that You do not hold license to.
c) There are no claims, judgments, or settlements to be paid by you, or pending claims or litigation, relating to such Material.
d) You warrant that all data, inputs, photos and any other information put into the Site by you or your company are not the work of or owned by someone else.
Nordic Real Estate Services has no obligation to screen or monitor Submitted Material and is not responsible for the Submitted Material. However, Nordic Real Estate Services reserves the right, in its sole discretion, to monitor Submitted Material, edit Submitted Material or delete Submitted Material at any time for any reason or no reason.
You acknowledge and agree that you inputting Submitted Material into the Site does not create any new or change any existing relationships between you and Nordic Real Estate Services.
Permitted Uses
Subject to the requirements in these Terms of Use, you may use the Product, in the ordinary operation of your business for:
1. You or your Companies internal research purposes;
2. Value and appraise properties you may invest in or purchase;
3. Manage your properties or portfolios;
4. Find ways to improve your cashflow or find bottle necks;
5. Creating general market research reports, packets, or brochures for in-house use or for investors, clients, or prospective clients. Provided those reports, packets, or brochures are not commercially or generally distributed unless you are the owner of the property that the information pertains to.
6. Market properties and;
7. Provide counseling regarding a specific property to your clients, investors, or prospective clients.
Subject to the requirements in your License Agreement and these Terms of Use, you may print Information or copy Information into word processing, spreadsheet and presentation programs outside of the preset presentation material (or other software programs as long as you receive express written consent from Nordic Real Estate Services) so long as the Information being printed or copied is reasonably tailored for your purposes, you own the property and used in compliance with these uses and abide by these Terms of Use.
Prohibited Uses
You shall not, unless expressly set forth above under “Permitted Uses” distribute, disclose, copy, reproduce, communicate to the public by telecommunication, make available, display, publish, transmit, assign, sublicense, transfer, provide access to, use, rent or sell, directly or indirectly (including in electronic form) any portion of the Product, or modify, adapt or create derivative works of any portion of the Product unless you are the owner of the property.
You shall not:
1. If you are a direct or indirect competitor of Nordic Real Estate Services, you may not Access or utilize any portion of the Product. Nor shall you disclose, provide, or transmit any portion of the Product to any direct or indirect competitor of Nordic Real Estate Services. “Direct or indirect competitors” of Nordic Real Estate Services includes but is not limited to, multiple listing services, Internet listing services, real estate information services, real estate valuation platforms, employees, independent contractors and agents of such competitors;
2. Access any part of a Password Protected Product unless you are an Authorized User for that Product. This is subject to the terms contained therein and in this Terms of Use;
3. Use or distribute any Data or Information from the Product, to directly or indirectly create or contribute to the development of any database or product;
4. Provide access or your Password or account to anyone other than yourself. This includes providing the results of analysis reports generated from a Password Protected Product to a person who is not a client, investor, or prospective client of you or Nordic Real Estate Services.
5. Decode, modify, disassemble, merge or reverse engineer any portion of the Product, or use any tool that extracts, gathers, or mines data through a robot, spider or other automatic devices or manual processes, to copy or monitor any part of the Product or the data generated from it;
6. Publish, reproduce, use or store any portion of the Product for the purpose of selling or licensing any part of the Product or making any part of the Product publicly available;
7. Export, copy, or store any part or portion of the Product into any database or software, except as expressly set forth in the Permitted Uses above;
8. Post, upload or publish any part or portion of the Product on or provide access to any portion of the Product through the internet, any electronic network, data library, listing service, bulletin board system, or any other data sharing arrangement. You are permitted the ability to e-mail a report containing Information that complies with the Permitted Use provisions above to a limited number of investors, clients, and prospective clients;
9. Impersonate any person or entity, including but not limited to an Authorized User, or falsely state or misrepresent any registration information, disguise the origin of any data, text, information, photographs, images, software, graphics, or any other Material posted on or transmitted through the Product;
10. Utilize any portion of the Product to engage in or encourage any illegal activity, stalk, harass another person, violate any Terms of Use, or any local, state, national or international law, rule, regulation, or ordinance. This also includes without limitation, state, provincial and local real estate practice, spam, or privacy laws.
11. Except as otherwise stated in this Terms of Use, you acknowledge and agree that you do not have a right to make available, communicate to the public in any way, transmit under any law, contractual Agreements (i.e., nondisclosure agreement) or under a fiduciary duty any information about this Product.
12. E-mail, upload, post, make available, or in any way transmit or communicate to the public any text, software, photographs, images, information, or any other Material available through the Product, or use any portion of this Product for or in this manner set forth:
a. Infringes on any patent, trade secrets, trademarks, copyrights, or other proprietary right of any party or violates the privacy or publicity rights of any party;
b. Is threatening, harmful, abusive, libelous, defamatory, tortious, misleading, vulgar, racially, or ethnically offensive, invasive of privacy or publicity rights, defamatory, obscene, unlawful or would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any local, federal, provincial, or international law either intentionally or unintentionally;
c. Constitutes unfair or deceptive practices, unlawful or fraudulent advertising, “spam”, or any other form of unlawful solicitation in the United States, other Countries, or county, including the Kansas non-solicitation law (K.S.A. 45-230), which, with limited exceptions, prohibits anyone from knowingly selling, giving or receiving, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from Kansas public records;
d. Contains computer code or software viruses, programs, or files that has the capability of or designed to, interrupt, damage, modify, improperly access, destroy, disable, or limit the functionality of the Product, servers, networks, activities of other users, any computer software, hardware, or telecommunications equipment that are connected or part of the Product.
13. Communicate or market properties with contacts acquired from the Site without first obtaining consent and permission as required by applicable law.
Fees
You are responsible for the timely payment of any fees incurred by your use on the Site or through links to other websites, that provides you components and services. You are also responsible for all taxes applicable to your use of the Product.
SUBJECT TO THE TERMS OF ANY LICENSE AGREEMENT BETWEEN NORDIC REAL ESTATE SERVICES AND YOURSELF OR COMPANY, NORDIC REAL ESTATE SERVICES RESERVES THE RIGHT, AT ANY TIME, TO PROSPECTIVELY CHANGE THE STRUCTURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
If you are accessing any Nordic Real Estate Services Product, you agree:
(1) To provide Nordic Real Estate Services with accurate, truthful, and complete registration and billing information; and
(2) You must promptly update all billing and registration information in the event any of it changes; and
(3) To pay any applicable license fees or other fees incurred by your use of the Product.
Termination and/or Interruption of Access
Nordic Real Estate Services reserves the right to suspend or terminate your use of a Nordic Real Estate Services Product in the event you or your company violates any terms of any agreement between the parties or their affiliates. You acknowledge and agree that Nordic Real estate Services has the authority to terminate, discontinue, interrupt, or block your access to the Product at any time, subject to the terms of any License Agreement in place between you or your company an Nordic Real Estate Services. In the event any such termination or suspension occurs, you and your company shall permanently delete or destroy any and all portions of the product that is within your possession, custody or control; and you will cease using any portion of the Product;
Information Regarding Accuracy, Completeness and Timeliness of Information in the Product
ANY reliance on the Product is at your own risk. The product is intended for general information only and should not be relied upon or used for the purpose of making significant decisions without consulting a professional that is capable of providing primary, more accurate, more timely, or complete source of information. Neither Nordic Real Estate Services, nor any third party involved in delivering, producing, or involved in the creating the Product, has any responsibility for any consequences relating directly or indirectly to any action or inaction you choose to take based on the Product. Nordic Real Estate Services nor any third party involved in delivering, producing, or involved in the creation of the Product, is accountable if the Product is not accurate, complete, or current.
User Data
YOU ARE RESPONSIBLE FOR MAKING BACK-UP COPIES OF YOUR USER DATA. If you change or create any settings, saved searches, fields, or functions within the Product or you input, add, or export any data into or out of the Product (collectively known as, the “User Data”), None of Nordic Real Estate Services (Including its Affiliates), and their perspective officers, directors, employees, agents, and third-party suppliers or their respective successors and assigns (Collectively, the “Nordic Parties”), shall have any liability or responsibility for such User Data. None of the Nordic Parties shall be liable or responsible for any user data that is lost, destroyed, or used by third parties that have access to such User Data.
User Liability
If at any point in time, you cause a technical, or mechanical interference of the Product, you agree to be held responsible for any and all liabilities, costs, and expenses (This includes attorney fees, fines, and costs of enforcement) that arise from or are related to that disruption. In the event you breach any of these Terms of Use or any separate License Agreement, Nordic Real Estate Services shall receive remedies from you or your company for any damages and relief available at law or in equity. In addition, you and your company will be subjected to interruption and/or termination of your access to the Product or any portion thereof. In addition, you and your company must permanently delete or destroy all portions of the Product within your or your company’s possession, custody, or control. If Nordic Real Estate Services retains any third party to obtain or resolve any remedy to which it is entitled under these Terms of Use or under a separate License Agreement, Nordic Real Estate Services will be entitled to recover all costs, including collection agency commissions or attorney fees Nordic Real Estate Services incurs.
Indemnity
You agree to release, defend, indemnify and hold Nordic Real Estate Services and its affiliates and their officers, employees, directors and agent (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Material or Content, your connection to the Service, your violation of these Terms of Use, any separate License Agreement, use or misuse of any portion of the Product, or your violation of any rights of another. You will fully cooperate when reasonably required in the defense of any such claim or demands.
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 are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Nordic Real Estate Services and any third party involved in the delivery of the product, creation or creating the product, or producing the product reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and in any event, you shall not settle such matters without the written consent of Nordic Real Estate Services and any third party.
Privacy
At Nordic Real Estate Services, we respect the privacy of your personal information in relation to your use of this Site. Nordic Real Estate Services implements reasonable security measures and procedures to assist in protecting your Customer Data. However, the internet is never a totally secure form of communication. Because of this, we are unable to guarantee the full privacy of any information or data you input in the site, request to be delivered to you through the internet, or send to us. Nordic Real Estate Services will not be responsible for any damages you or others may suffer as a result of breached or loss of confidentiality of any such information.
Use of the Product is subject to Nordic Real Estate Services, Privacy Policy, which is hereby incorporated into, and made part of, these Terms of Use and any License Agreement you are a party to. Nordic Real Estate Services reserves the right, and you authorize us, to use the Product and any and all other personal information provided by you in any manner consistent with our Privacy Policy.
Nordic Real Estate Services may conduct product research through phone interviews. By using any services provided by Nordic Real Estate Services and have agreed to these terms of use, you consent to the recording of your telephone or other communications with Nordic Real Estate Services representatives, including research, customer service and sales personnel, for training, quality assurance and archival purposes. Nordic Real Estate Services may send to you or your employees, communications, including, but not limited to, email communications about new features or update of our products, new products, product advertisements, product feedback and other marketing content, which you may unsubscribe from at any time.
Trademarks
The Product employs various trademarks and service marks of Nordic Real Estate Services, Customers, and of other third parties. All trademarks and service marks are the property of their respective owners. You agree to no use or display them in any manner without the prior written consent of the owner of the trademark.
Ownership
You acknowledge that this is a part of all Terms of Use agreements and not an agreement for sale. Nordic Real Estate Services and its licensors have and shall retain exclusive ownership of all proprietary rights in or to the Product, including all Canadian and international intellectual property and other rights such as patents, trademarks, copyrights, and trade secrets. You shall have no right or interest in any portion of the Product except the right to use the Product as set forth in these Terms of Use and, if you are a Nordic Real Estate Services Client, your License Agreement. You acknowledge that the Software, Database, Content, Information, Password Protected Product, Non-Password Protected Product, and Product constitute the valuable property and confidential copyrighted information of Nordic Real Estate Services and its licensors (collectively, the “Proprietary Information”).
You agree to:
1. Comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Proprietary Information;
2. Not challenge Nordic Real Estate Services and its licensor’s ownership of (or the validity or enforceability of their rights in and to) the Proprietary Information; and
3. not remove, conceal, obliterate, or circumvent any copyright or other notice or license, use or copying technological measure or rights management information included in the Product.
You shall be liable for any violation of the provisions of these Terms of Use and, if applicable, the License Agreement by your employees, Independent Contractors, affiliates, and agents and for any unauthorized use of the Product by such persons. Nothing in these Terms of Use will restrict Nordic Real Estate Services from freely using for any purpose, without compensation, any of your ideas, suggestions, enhancements, or other feedback relating to the Licensed Product or new Nordic Real Estate Services products, features or tools, or any portion thereof.
Export Restrictions
This Site is controlled and operated by Nordic Real Estate Services from its offices within the United States. Nordic Real Estate Services makes no representation that any portion of the Product or other material accessed through this Site is appropriate, enforceable, compliant with local law, or available for use, in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the Product or the Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any portion of the Product except in full compliance with all applicable laws and regulations, this Terms of Use, and the associated License Agreement. In particular, no portion of the Product may be exported or re-exported in violation of the sanctions, export control laws and regulations of any applicable country, or exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders.
Jurisdiction
Nordic Real Estate Services is headquartered in the State of Colorado within the United States. These Terms of Use and your use of this Product shall be governed by the laws of the State of Colorado without regard to its conflicts of laws principles. Unless otherwise agreed to in writing, the federal and state courts located in the state of Colorado shall be the exclusive jurisdiction for any action brought against Nordic Real Estate Services in connection with these Terms of Use or use of the Product. You permanently consent to the jurisdiction and venue of the federal and state courts located in the state of Colorado, and to the jurisdiction of the federal, provincial and/or state courts located in any State or Province where you are located, for any action brought against you in connection with these Terms of Use or use of the Product. All arbitrators shall be fluent in English and all documents submitted in connection with the arbitration shall be in English. Judgment upon an arbitration award may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement. If any material in this Product, or your use of the Product, is contrary to the laws of the place where you are when you access it, or if Nordic Real Estate Services is not Licensed as required by applicable laws or regulations in such locale, the Product is not intended for you, and we ask you not to use the Product. You are responsible for informing yourself of, and complying with, the laws of your jurisdiction.
Modifications to Product; Changes to these Terms
Nordic Real Estate Services is continuously updating and changing the Product and reserves the right at any time and may from time to time, modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Nordic Real Estate Services shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Product (or any part thereof). Additionally, we reserve the right, in our complete and sole discretion, to change these Terms of Use at any time by posting revised terms on the Product. It is your responsibility to check periodically for any changes we may make to the Product and these Terms of Use. Your continued use of this Product following the posting of changes to these terms or other policies means you accept the changes.
Termination
The restrictions imposed on you with respect to information or materials viewed and/or downloaded in respect of the Product and the disclaimers, indemnities, waivers, releases, and limitations of liabilities set forth above shall survive termination or suspension of these Terms of Use for any reason.
Publicity
You acknowledge and agree that Nordic Real Estate Services may use your name and logo on Nordic Real Estate Services’ website and marketing materials to identify your relationship with Nordic Real Estate Services.
Advertisements and Promotions/Cookies
Nordic Real Estate Services may run advertisements and promotions from third parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers other than Nordic Real Estate Services found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Nordic Real Estate Services 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 non-Nordic Real Estate Services advertisers on the Services.
Miscellaneous
These Terms of Use contain the entire understanding of the parties with respect to the Product and supersede any prior oral or written statements and documents with respect to such subject matter, provided that these Terms of Use do not supersede any written License Agreement between the parties. Your obligations hereunder are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) these Terms of Use or any portion hereunder, in whole or in part, without the prior written consent of Nordic Real Estate Services. In the event any portion of these Terms of Use not being of a fundamental nature is held to be invalid, illegal, or unenforceable, such part shall be deemed severed from these Terms of Use without invalidating the remaining provisions of these Terms of Use or affecting the enforceability of such remaining provisions. If a provision is held to be invalid, illegal, or otherwise unenforceable, it shall be deemed to be replaced with an enforceable provision that retains the intent and benefits of the original provision. Any consent by Nordic Real Estate Services to, or waiver of, a breach of a right, term, or provision of these Terms of Use, whether express or implied, shall not constitute a consent to, or waiver of, any other, different, or subsequent breach. Headings are for reference only. The use of and access to the Product is available only to individuals who can enter into legally binding contracts under applicable law. All notices to Nordic Real Estate Services pertaining to these Terms of Use will be in writing, mailed by registered or certified mail, return receipt requested, or delivered by a well-recognized overnight United States, Canadian or other international carrier, delivered to Nordic Real Estate Services, 1919 84th Ave, Greeley, CO. 80634, attention: Nordic Real Estate Services.
No Warranties
NORDIC REAL ESTATE SERVICES TRIES TO DELIVER AN ACCURATE AND VALUABLE PRODUCT FOR IT’S CUSTOMERS, THE PRODUCT AND ALL PARTS ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. NORDIC REAL ESTATE SERVICES (INCLUDING ITS AFFILIATES), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD-PARTY SUPPLIERS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “NORDIC PARTIES”) CANNOT AND DO NOT REPRESENT, WARRANT, EXPRESS, IMPLY OR PROMISE THAT
1. THE PRODUCT WILL ALWAYS BE COMPLETE, CURRENT, PRECISE, OR TIMELY;
2. THE OPERATION OF OR ACCESS TO THE PRODUCT THROUGH THE SITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE; AND/OR
3. DEFECTS OR ERRORS IN THE SITE OR THE PRODUCT, BE THEY HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED.
BY VIEWING, USING OR ACCESSING THE PRODUCT, INCLUDING BY USING ANY TOOL, FORM OR AGREEMENT PROVIDED ON THE SITE, OR BY UPLOADING ANY OTHER FORM OR AGREEMENT TO THE SITE, YOU ACKNOWLEDGE
1. ACKNOWLEDGE THAT NORDIC REAL ESTATE SERVICES IS NOT A PARTY TO THE TRANSACTION CONTEMPLATED BY SUCH FORM OR AGREEMENT;
2. AGREE THAT THIS TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION SET FORTH IN THIS TERMS OF USE APPLY TO SUCH TOOLS, FORMS AND AGREEMENTS AND YOUR USE THEREOF; AND
3. ACKNOWLEDGE THAT THE NORIC PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SUFFICIENCY, LEGAL EFFECT OR ENFORCEABILITY OF ANY SUCH TOOLS, FORMS AND AGREEMENTS AND BY YOUR USE OF THE SAME.
YOU AGREE AND CONSENT THAT YOU HAVE MADE YOUR OWN INDEPENDENT ANALYSIS OF THE ADEQUACY, LEGAL IMPACT AND ENFORCEABILITY OF ANY FORMS, TOOLS, AND AGREEMENTS WITHOUT RELIANCE UPON NORDIC REAL ESTATE SERVICES OR NORDIC PARTIES.
ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE NORDIC PARTIES WILL NOT BE HELD LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR RELATED TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN THE PRODUCT, OUT OF ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION OR CACULATIONS CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT.
IF YOU DOWNLOAD ANY MATERIAL FROM THIS PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND RISK. NONE OF THE NORDIC PARTIES SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM, RELATING TO OR RESULTING FROM THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. THESE LIMITATIONS OF LIABILITY INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE NORDIC PARTIES FOR ANY AND ALL REASONS TO ANY PARTY FOR DAMAGES, DIRECT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR A SEPARATE LICENSE AGREEMENT EXCEED THE TOTAL AMOUNT OF LICENSE FEES ACTUALLY PAID TO NORDIC REAL ESTATE SERVICES UNDER THE RELEVANT LICENSE AGREEMENT BETWEEN THE RELEVANT NORDIC REAL ESTATE SERVICES CLIENT AND NORDIC REAL ESTATE SERVICES DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE, REGARDLESS OF THE CAUSE OR FORM OF ACTION. RECOVERY OF THIS AMOUNT SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR THE NORDIC REAL ESTATE SERVICES CLIENT OR ANY OTHER PARTY FOR ANY APPLICABLE DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE NORDIC PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, ARISING OUT OF, BASED ON, OR RESULTING FROM, OR IN CONNECTION WITH THE PRODUCT, THESE TERMS OF USE, OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF NORDIC REAL ESTATE SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED ABOVE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS.
NONE OF THE NORDIC 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 NORDICS 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.
BY USING THE PRODUCT, YOU WAIVE AND RELEASE ALL OF THE NORDIC PARTIES FROM ANY AND ALL LIABILITY OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH YOU MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY OF THE NORDIC PARTIES BY REASON OF OR ARISING OUT OF THE PRODUCT OR YOUR USE THEREOF. THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS OF USE INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU SPECIFICALLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
THESE FOREGOING LIMITATIONS APPLY WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE NORDIC PARTIES WERE NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN NORDIC REAL ESTATE SERVICES AND YOU. THE PRODUCT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NORDIC REAL ESTATE SERVICES THROUGH THE PRODUCT CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF USE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
