Website Terms of Use
Marketing Center Terms and ConditionsPrivacy Notice
The submission of information to commerfi (as defined below), access to, and use of the commerfi website (located at www.commerfi.com), and the real estate information services provided thereon (collectively, the “Service”) is subject to the following contractually binding terms and conditions (the “Terms and Conditions” or the “Agreement”).
If you are viewing, using or accessing the Service under a paid subscription, you are a “Customer.” If you are viewing, using, or accessing the Service for free, you are a Customer that is a “User.” These Terms and Conditions refer to Users and Customers collectively as “You.” You may only use the Service if you are at least 18 years old. No employee, independent contractor, agent, or affiliate of any competing real estate information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the commerfi website without express written permission from commerfi. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of commerfi, CoStar Realty Information, Inc. or any of its affiliates, including, without limitation, any company owned or operated by CoStar Group, Inc. (collectively, “commerfi” or the “Company”) or acting on behalf of a competitor of commerfi in registering for or accessing the Service.
By viewing, using or accessing the Service through commerfi.com or through another website via commerfi’s LoopLink service, You agree that these Terms and Conditions are a binding legal agreement between You and commerfi. You also agree to be contractually bound by the Marketing Center Terms and Conditions (the “Marketing Center Terms”) and Privacy Notice, both of which are available by hyperlink at the top of this page. If You do not agree to these Terms and Conditions, You are prohibited from viewing, using or accessing the Service and must immediately discontinue viewing, use, and/or access. Unless explicitly stated herein otherwise, if You and commerfi have entered into a separate written agreement that covers Your use of a commerfi product or service (the “Licensee Agreement”), the terms and conditions of such agreement shall control with respect to such product or service to the extent they are inconsistent with these Terms and Conditions. All questions concerning these Terms and Conditions should be directed to: commerfi c/o General Counsel, CoStar Realty Information, Inc., 1331 L Street, NW Washington, DC 20005. commerfi may update these Terms and Conditions at any time, with or without notice to You. You are responsible for frequently reviewing these Terms and Conditions. The latest version of the Terms and Conditions is available on the commerfi website.
GENERAL PROVISIONS
Membership Privileges
Membership privileges are granted by commerfi to individuals exclusively and are granted specifically to the subscribing registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of commerfi. By completing the registration process You become a “Member,” and You represent and warrant that the information You provide is true, accurate, complete, and current. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the commerfi system. Members are not permitted to share their individual login information with others. commerfi has the right to refuse or terminate service to any Member, individual, organization, or firm (and all persons associated or affiliated with said organization or firm) that fails to abide by the Terms and Conditions, the Marketing Center Terms as posted and displayed on the commerfi website, or abuses its rights related to the Service. Upon registration, which is free, User becomes a Basic Member. Users and Basic Members may search using the Service, and will receive access to the available advertised properties matching the designated search parameters. A Basic Member may also list properties on the Service, but those listings will only be able to be fully accessed and viewed in the search results generated on the Company’s www.costar.com site.
commerfi utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant commerfi the permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes commerfi determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. commerfi will honor Member’s request to opt out of marketing messages and other privacy-related requests to the extent required by law. By becoming a Member, You acknowledge and agree that the Company may record telephone and other electronic communications it has with You for their internal business purposes, including but not limited to training and quality assurance purposes.
Submission and Administration of Listings
Members may submit to commerfi property descriptions, photographs, images, videos (which may include sound and/or music), graphics and financial, contact or other information (collectively, the “Submitted Content”) for each listing in commerfi. In addition to these Terms and Conditions, the Submitted Content shall be subject to the Marketing Center Terms. By submitting a listing, Member represents, warrants and agrees that (a) You own or have the full right, power and authority to grant to commerfi use of and rights in and to all Submitted Content that You upload, post, e-mail or otherwise transmit to commerfi; (b) Your license of such content to commerfi hereunder does not, and the use or license of such content by commerfi to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by You, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with Your Submitted Content, including, without limitation, as a result of any claim brought by a third party in connection with Your Submitted Content, whether or not such claim prevails. With respect to all Submitted Content You have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, commerfi acknowledges that You retain any applicable ownership rights that You may have with respect to the Submitted Content. You nonetheless grant commerfi and its affiliates (including other CoStar Group, Inc. companies) and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, aggregate, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that commerfi may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including, without limitation, within other products offered by commerfi and its affiliates, including other CoStar Group, Inc. companies). Member agrees not to submit any Submitted Content to commerfi unless Member has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on Member’s website and commerfi’s website. Specifically, Member will not submit a photograph if Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the commerfi website. Members may only submit videos personally created by them or their direct employees or via commerfi’s Pro Video™ service. Members may not upload or otherwise submit videos created or produced by third-party video tour providers. Where Member’s listing incorporates content provided by commerfi or its affiliates, such as property photos or other images, information, tools provided by commerfi (including, but not limited to, the “Acceptance Details” feature that populates with relevant information when an agreement is executed through the commerfi website), forms, agreements (collectively, “commerfi Materials”), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such commerfi Materials strictly in connection with Member’s commerfi listing. All other rights to commerfi Materials are expressly reserved. The Company may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Members who are alleged to have submitted property listings, Submitted Content or other information in violation of these binding Terms and Conditions. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions. Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the commerfi website. No robot, spider or other automated service may be used to submit listings to the Service. The Company shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, viewed, downloaded, copied, and otherwise used on the commerfi website and Company shall have the right to modify the property listing in the exercise of its rights under these binding Terms and Conditions. Listings that are not modified or renewed within a 75-day period are automatically changed to “Off Market” and are no longer viewable on commerfi.com. Member (a) represents and warrants that all properties and associated information provided by Member, including Submitted Content, will be accurate; (b) agrees not to post a property listing on the commerfi marketplace under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner (shared accounts, e.g. listings@abcrealty.com are strictly prohibited); (c) agrees to administer the properties provided by Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the commerfi website. Member is entirely responsible, and Company accepts no responsibility, for the Submitted Content from the Member. While the Company will undertake reasonable efforts for data backup and business resumption, Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to commerfi. Member agrees that commerfi may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings. Member accepts that this is a legitimate and lawful security precaution on the part of commerfi, and accepts further that in the event that any third party has access to property listings that can be identified as having such unique adjustments, this shall constitute a prima facie breach of security and of these Terms and Conditions.
Use of Information
You agree to treat all information obtained from the Service, including commerfi Materials, listings, member directory, and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to commerfi. You agree that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of commerfi. commerfi does not ensure the accuracy of, endorse or recommend any Content and You use such Content at Your own risk. You may view, access, or otherwise use the Content solely to obtain initial information from which further evaluation and investigation may commence. Email addresses that a Member uploads to Marketing Tools are for Member’s use only; commerfi agrees not to use a Member’s Marketing Tools contact list. You shall limit access to, viewing of, and use of active property listings and broker directory information to personal and internal use, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. You shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to You in the Service, for or in connection with any other device, listing service, bulletin board system, any other electronic network, any data library or any other data sharing arrangement. You shall not integrate or incorporate any portion of the Content into any other database. You further shall not use the Service in any other manner for or in connection with any other listing service or device. You shall not use the Service as part of any effort to compete with commerfi, including, without limitation, using the Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential commerfi customer, nor shall You remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Service. You shall not use any robot, spider or other automated process to submit listings, monitor, scrape, data mine or copy commerfi products, services or information; decompile, decode or reverse engineer commerfi software; or use commerfi products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. You assign commerfi the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of these Terms and Conditions, scraped, copied, or distributed content from your Submissions and for which You have not granted such third parties a separate license to use.
Passwords/Logins
Members and Customers are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account, login or password. commerfi is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account, login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of these binding Terms and Conditions that relate to confidentiality of account, login or password information.
Nature of Customer’s Business
If a Member or an affiliate of Member owns properties and intends to market them directly via the public commerfi marketplace or LoopLink, such Member represents to commerfi that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third-party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Payment Terms
Customer agrees to pay for all products ordered through the commerfi website or via the commerfi sales team using the payment method indicated, and provides commerfi express authorization to place a preauthorization to hold said fees and/or charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of commerfi products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, commerfi may immediately cease to provide any and all Deliverables to the Customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to the Deliverables. At commerfi’s option, Customer shall pay such taxes or fees directly or pay to commerfi any such taxes or fees immediately upon invoicing by commerfi. commerfi is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. Customer loyalty or product bundle discounts are subject to cancellation. For yearly subscriptions, commerfi may increase subscription prices annually, on the anniversary of the subscription’s start date, by a percentage equal to the percentage increase in the Consumer Price Index for All Urban Consumers, Seasonally Adjusted, US City Average. To view your billing information, visit My Account. Monthly Premium subscriptions will automatically renew using the Customer’s current credit card account number unless Customer or commerfi cancels the subscription three (3) days prior to the renewal date. Customer cancellations should be made online via the “My Account” tab, once Customer has logged into www.commerfi.com. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. No partial month refunds will be provided. Except as otherwise provided herein, all other member subscriptions, including quarterly and annual commitment subscriptions, will automatically renew for additional terms equaling the original term unless Customer or commerfi provides three (3) days’ advance written notice of non-renewal. Quarterly and annual commitment subscriptions may be canceled as of the end of term only; no mid-term cancellations will be permitted. All cancellation and non-renewal requests by Customer will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the Customer’s email account on record with commerfi.
If Customer has a question about a cancellation, Customer should contact commerfi Client Services at Help@commerfi.com or at 888-567-7442. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online via the “My Account” tab, once Customer has logged into www.commerfi.com. commerfi does not validate all credit card information required by the Customer’s payment provider to secure payment.
The Customer must notify commerfi about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to commerfi’s attention within 90 days, Customer agrees to waive their right to dispute such problems or discrepancies. Notwithstanding anything to the contrary in the Licensee Agreement, if any, commerfi reserves the right to discontinue the provision of all or any portion of the Deliverables, in which case (i) Customer shall only be responsible for paying fees associated with that portion of the Deliverables (if any) that continue to be provided after the effective date of such termination, and (ii) commerfi shall refund any fees (if any) paid by Customer for provision of the discontinued Deliverables after the effective date of such termination.
Signature Listings
Gold, Platinum and Diamond Signature Listings may be purchased for a guaranteed initial term of six (6) months (each, a “Signature Listing”). An upgrade to a Platinum or Diamond Listing from a lower listing level initiates a new six (6) month initial term. After the guaranteed initial term, the Signature Listing will automatically renew for one (1) month terms unless Customer or commerfi cancels the Signature Listing at least three (3) days prior to the end of the then-current term.
A minimum six (6) month initial term is required for all Gold, Platinum and Diamond Signature Listings. If the Signature Listing is moved off market or upgraded to a higher exposure tier by a different listing contact, billing for that listing will automatically terminate end of month in which the Listing was moved except Signature Listings within the first six months of term, which all billing shall automatically terminate end of initial term. Signature Listing exposure applies to the Listing ID upgraded; swaps are prohibited. Cancellations are effective at the end of the then-current term; no refunds will be provided.
A limited number of Diamond and Platinum Listings will be available per submarket. Once all available Diamond and Platinum Listing slots in a submarket are sold, such listings price will be subject to increase. Additional slots will be available when one (1) or more existing Signature Listings transition to one (1) month renewal terms and choose to downgrade or cancel end of term. When a submarket/exposure tier is sold out, commerfi will maintain a wait list and notify the Customer of any available slot.
Premium Subscriptions
commerfi offers a paid subscription product for those Customers who primarily utilize the Service to actively list and market commercial properties available for sale and/or for lease (“Premium Lister” or “Premium Lister subscription” or “Premium Subscription”). A Customer who purchases a Premium Lister subscription is a “Premium Customer.” Premium Subscription privileges are granted by commerfi to individuals exclusively and extend solely to the subscribing Premium Customer. Premium Subscription rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the subscribing Premium Customer. Moreover, a Premium Customer may not use a Premium Subscription for the benefit of any other broker, appraiser, researcher, analyst, sales person or similar commercial real estate professional, including, without limitation, those working for the same company or at the same place of business. A Premium Customer is prohibited from using Premium Lister to list properties on behalf of, or for the benefit of, other brokers or commercial real estate professionals working for the same company or at the same office. Such Customer of a Premium Lister subscription is permitted to list solely those listings for which he or she is the listing broker. Premium Subscription privileges are subject to change from time to time and may be subject to property listing, property searching, and member directory searching limitations. Under Premium Lister subscription, one (1) through ten (10) Premium Listing plans are available for purchase online; higher Premium Listing plans are available for purchase by calling (855) 858-3782. Any listing on which the Primary Contact is a Premium Lister and is within its plan will receive Silver exposure; listings above plan will receive exposure on the Company’s www.costar.com site. Customer acknowledges that commerfi (in addition to its other remedies) can cancel, not renew, and/or prohibit Premium Subscription privileges to any individual, organization, or group that does not abide by the terms and conditions set forth herein and/or can refuse any or all membership privileges. commerfi also has the right to refuse service to any Customer or company that has delinquent charges that remain unpaid and to impose additional charges to reactivate Premium Subscription or other membership privileges. Premium Subscriptions continue to renew at the prevailing level regardless of Customer’s listing activity on commerfi.com. Premium Subscriptions will automatically renew to the credit card number provided for initial payment unless the Customer cancels their subscription on the commerfi website prior to the renewal date to cancel such subscription. The Company reserves the right to change its fees, payment frequency, or billing methods at any time. The Company will provide timely notice of any such changes. After adding a listing at the Basic exposure level, there will be an option to change current membership level to a Premium Lister with a Premium Listing plan which will provide Silver exposure for the listing. For all plan changes submitted online, the Customer will be charged a prorated change plan fee for the remaining days in current billing cycle, and Customer’s subscription rate will be adjusted commencing with the next bill date. If Customer was above its plan, Service will upgrade the most recently created Basic Listings to Silver until Customer is within its plan. Premium Members may change current membership level to a lower Premium Listing plan by clicking to “Change Plan” under “My Account”. Membership change will take effect end of term for Premium Members in a quarterly or annual commitment. Once effective, service will downgrade the earliest created Silver Listing to a Basic Listing until Customer is within plan or there are no additional listings to downgrade. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of online request submission to change membership level, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. The company reserves the right to deactivate complimentary subscriptions granted to Premium Members if there is no activity for the previous ninety (90) days.
Businesses for Sale Listings
As part of the Service, commerfi provides business for sale listings on the commerfi website (“Business Listing Service”). The Business Listing Service is operated, powered and provided by Company through its brand, BizBuySell. For example, any searches You conduct using the Business Listing Service will be generated from BizBuySell; any leads You submit will be directed through BizBuySell. While on the commerfi website, your use of the Business Listing Service is subject to these Terms and Conditions. However, during your Business Listing Service experience You may be re-directed to the BizBuySell website, in which case You will be subject to the terms and conditions of such website in accordance with the “Links to Third Party Sites” section below.
Unsolicited Commercial Email (Spam)
commerfi prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). You may not use the Service, Contact Listing Broker, Send to Friend service, Marketing Tools, or other email services that commerfi offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. By using Marketing Tools, You agree to send email only to those who have given You consent or with whom You have an established business relationship. commerfi has the right to revoke the privileges of any party who breaches these terms.
Termination
In addition to any other termination rights permitted herein, commerfi reserves the right to terminate or suspend a Customer’s account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations (including threatened breaches or violations) of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by You, discontinuance or material modification of commerfi services, nonpayment of fees owed by You in connection with commerfi or its affiliates’ services, account inactivity or technical or security issues. Upon termination, commerfi shall have no obligation to maintain or forward any content in your account.
Ownership and License Grant
commerfi retains all rights (including Intellectual Property Rights as defined below), title and interest in the Service, the commerfi and BizBuySell websites, commerfi Materials, Email Alert database, LoopLink technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. You may not frame such websites, except where specifically permitted with written authorization from commerfi. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of commerfi’s technology or delete or alter author attributes or copyright notices. You shall use the commerfi system solely for Your own individual use and shall not share passwords with others or allow others to use the commerfi system under or through that Your login ID/email and password; nor shall any Member use the commerfi system to list properties or conduct searches on behalf of other non-Member brokerage, research, analyst, sales or other similar personnel. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired. You grant commerfi the right to market or list your name or company name as a user or searcher on the commerfi website.
Limitation of Liability and Indemnification
IN NO EVENT SHALL commerfi BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF commerfi’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy, and commerfi’s entire liability under these Terms and Conditions shall be a refund of the fees paid to commerfi hereunder, and in no event will commerfi’s liability for any reason exceed such fee. commerfi (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify commerfi (and commerfi’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to You.
commerfi SHALL NOT 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 commerfi’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.
BY USING THE SERVICE, YOU WAIVE AND RELEASE commerfi 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 commerfi BY REASON OF OR ARISING OUT OF THE SERVICE OR YOUR USE THEREOF. THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS AND CONDITIONS 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.
You agree to indemnify, defend, and hold harmless commerfi from and against any third party action, suit, claim or demand and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) Submitted Content, your violation of any third party right, including without limitation any copyright, property, or privacy right, use or misuse of any portion of the Service, or your violation of these Terms and Conditions. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. commerfi and any third party involved in creating, producing, or delivering the Service reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, at your expense, and You shall not in any event settle any such matter without the written consent of commerfi and any such third party.
Warranty Disclaimers
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND commerfi MARKET TREND REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. commerfi MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, PROPERTY FACTS INFORMATION, OR commerfi MARKET TREND REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND commerfi SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. commerfi MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM commerfi’S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND commerfi MARKET TREND REPORTS IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM commerfi OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
ANY DOCUMENTS, PICTURES, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY, AND MAY NOT REPRESENT THE CURRENT CONDITION OF A PROPERTY OR THE CONDITION OF THE PROPERTY AT THE TIME OF LISTING OR SALE. THE POSTING OF PICTURES THROUGH THE SERVICE DOES NOT CONSTITUTE A GUARANTEE THAT ANY ITEMS REPRESENTED IN THE PICTURES WILL BE PRESENT WHEN A BUYER TAKES POSSESSION OF A PROPERTY. YOU ARE ENCOURAGED TO CONDUCT YOUR OWN DUE DILIGENCE AND INVESTIGATE ALL MATTERS RELATING TO ANY PROPERTIES. YOU SHOULD SEEK INDEPENDENT ADVICE, INCLUDING LEGAL ADVICE, TO PERFORM YOUR DUE DILIGENCE AND THAT YOU USE GOOD FAITH EFFORTS IN DETERMINING THAT THE CONTENT OF ALL INFORMATION PROVIDED TO OR OBTAINED BY YOU IS ACCURATE.
Forms and Agreements
By viewing, using or accessing the Service, including by using any tool, form or agreement provided on the commerfi website, or by uploading any other form or agreement to the commerfi website, You (i) acknowledge that commerfi is not a party to the transaction contemplated by such form or agreement, (ii) agree that these Terms and Conditions, including the warranty disclaimers, waivers, limitations of liability and indemnification set forth in these Terms and Conditions apply to such tools, forms and agreements and Your use thereof, and (iii) acknowledge that commerfi makes 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 confirm that You have made your own independent analysis of the sufficiency, legal effect and enforceability of any such tools, forms and agreements without reliance upon commerfi.
commerfi make no representations or warranties as to the sufficiency, legal effect or enforceability of any electronic signatures including, without limitation, what law may govern any such electronic signatures. By viewing, using or accessing the Service, You acknowledge and confirm that You have made your own independent analysis of the sufficiency, legal effect, governing law and enforceability of any such electronic signatures.
Maps and Directions Disclaimer
The maps and directions information provided by commerfi have been obtained from sources believed reliable, including Google Maps and Microsoft Virtual Earth. By using Google Maps, You agree to be bound by the Google Maps Terms of Service, available at https://www.google.com/intl/en-US_US/help/terms_maps.html. Microsoft Virtual Earth is supplied by Microsoft Corporation, and its use is subject to Microsoft’s applicable Terms of Use. While commerfi does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use. Neither commerfi nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Your use of and/or reliance on Your use of commerfi’s information, products or services.
Links to Third Party Sites
This website may contain hyperlinks to other websites operated by parties other than commerfi which are beyond commerfi’s control. Parties other than commerfi may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use commerfi’s logo(s) as part of a co-branding relationship. For example, if You click on a banner advertisement the click may take You off the commerfi site. commerfi does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. commerfi does not assume any liability for the actions, product, and content of all of these and any other third parties. commerfi makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third-party websites. When You click on a link that leaves the commerfi site, the site You will land on is not controlled by commerfi and different terms of use and privacy statements may apply. commerfi also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third-party sites and any links thereto.
Other Rights of commerfi
You agree that commerfi shall have the right to use Listings and other information submitted to it for any purpose, including, without limitation, for publication of all or part of such Listing on the Internet. commerfi shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. commerfi shall have no obligation to (i) resolve disputes among Users, Members and/or Customers or (ii) monitor or verify the accuracy or proper use of the Listings. commerfi reserves the right to modify or change Services and any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on commerfi’s corporate website, located at http://www.commerfi.com.
Claims of Copyright Infringement
If You believe that your work has been copied onto commerfi in a way that constitutes copyright infringement, please provide commerfi’s registered DMCA agent the written information specified below:
A description of the copyrighted work that You claim has been infringed;
Identification of the material You claim is infringing, including a description of where such material is located;
Your address, telephone number, and e-mail address;
A signed statement that the information in your notice is accurate, that You have a good-faith belief that the identified use is not authorized by the copyright owner, its agent, or the law; and under penalty of perjury, that that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
Brokers and Agents
Any Customer who identifies himself or herself as a broker or agent on the commerfi website member registration form or otherwise purports to be a broker on commerfi’s Find a Broker service hereby represents and warrants that Customer is validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any Customer whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed broker. commerfi does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the commerfi website.
Governing Law; Customer Right to Arbitrate
These binding Terms and Conditions, and the Deliverables provided by commerfi, shall be governed by the laws of the District of Columbia, without reference to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of the District of Columbia for the adjudication of any disputes or claims arising out of and/or related to these binding Terms and Conditions. If any provision of these binding Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which shall remain in full force and effect.
You acknowledge that any breach of these binding Terms and Conditions, including, without limitation, the restrictions on competitor use, viewing, or access and the sections above titled “Submission and Administration of Listings” and “Use of Information,” or any unauthorized use of the Service, is a material breach of the Agreement and will cause irreparable harm and injury to the Company, for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, You agree that the Company shall be entitled to injunctive relief. Any User, Member, Customer, or other individual or entity that violates any term of these binding Terms and Conditions is precluded from enforcing, agrees not to enforce, and covenants not to sue to enforce, any similar contract, including terms and conditions, terms of use and terms of service, asserted by such User, Member, Customer, or other individual or entity, or any affiliate thereof, as binding upon commerfi and its affiliates, including other CoStar Group companies. Material breach of these binding Terms and Conditions harms the integrity, functionality, and reputation of commerfi and its affiliates; detracts from Users’ and Customers’ trust in and use of the Service; and unfairly harms, thereby causing damage to, the business of commerfi. You agree that, in the event You materially breach these binding Terms and Conditions, You will pay commerfi’s reasonable attorneys’ fees and costs, to be determined by a court or arbitrator, but not less than $30,000, an amount the parties agree would be the minimum reasonable fee for any legal action required to enforce these binding Terms and Conditions.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sub-licensed or otherwise transferred by Customer without the prior written consent of commerfi, which retains the right to withhold consent in its sole discretion.
Waiver and Severability
The failure of commerfi to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, You agree that the remaining terms and provisions remain in full force and effect.
Services Auditing and Monitoring
We reserve the right to audit and monitor (manually or through automated means) the use of the Service to ensure compliance with these Terms and Conditions and to maintain and improve the provision of the Service. We also may, but are not required to, monitor the content on the Service using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of these Terms and Conditions or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Service, including your communications and content You submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that any content You submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Member Services at commerfi.
Entire Agreement
Except as provided herein, the terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
Last Updated: October 7, 2023