1. By using this web site and its content ("services") you agree to the following terms and conditions.
2. If you do not agree to all of these terms and conditions, do not use our services.
3. We may make changes to this agreement at any time, effective upon posting to this site. Your continued use will constitute your acceptance of such changes.
4. We may make changes to any services and prices at any time and without notice.
5. You will provide accurate and complete account information at all times, or we may terminate your account and refuse use of services.
6. Only you may access our services using your User ID and Password.
7. Each individual user must create an account separately.
8. You may use our services only for the single "entity" you used to obtain the services.
9. If your account lists you as an individual (no company name), the services are for your individual personal use only.
10. If your account lists a business name, you may use the services only for that business.
11. You may only use our services for business use by accurately and completely identifying your business in your account information.
12. Services you obtain from participating in our surveys are only to be used for your personal use, even if your account lists a business name, unless your business is solely a property management and/or property investment business and the business and is listed in your account.
13. You agree not to resell, share, or transfer any of our services or access to any of our services.
14. Transfer or assignment of your Password and User ID to any other person or entity is strictly prohibited.
15. Use of your Password and User ID by a third party may result in the automatic termination of your access to our services without further notice or refund.
16. We may deny your access to our services without prior notice if you engage in any conduct or activities that we in our sole discretion believe violates this agreement in any way, violates our rights, or is otherwise inappropriate for continued access.
17. We reserve the right to monitor your use of our website.
18. If we believe you have breached this agreement in any way, we may terminate your access to any services without notice or refund and pursue any and all remedies for such breach, including but not limited to injunctive relief.
19. If we terminate these services for a believed violation, you must immediately destroy any copies of the services and their content, in whole or in part, in your possession or control.
20. These services are the property of Dupre + Scott Apartment Advisors, Inc., and are protected by copyright and intellectual property laws.
21. Except as may be permitted below, all of our services are disseminated subject to a limited license for your personal use (including limited commercial and non-commercial use), and such use is limited in accordance with the terms of this agreement.
22. In no case is the ownership of any of the content of our services transferred to you.
23. Reproduction or distribution of any part of our services for publication, marketing, or any other purpose is strictly prohibited.
24. You agree not to share or transfer, in any way, any information from any of our services to any person or entity without our express written consent, with the following exception:
25. You may include a citation containing or referring to very limited content from our services in memoranda, reports, or presentations prepared for individual clients.
26. Distribution in the form of general solicitation, advertisement, marketing, communication, information, and other similar uses is not permitted.
27. You must included in all permitted uses, directly with each instance of use, reference to "Dupre + Scott Apartment Advisors, Inc." as the source.
28. You may not use any content of our services to provide printed, electronic, online, or by any other means, any data, database, or information services of any type to a third party.
29. You may not use any content of our services to provide any services or product that may compete with Dupre + Scott or our services.
30. You may not use any content of our services in any way that results in the loss of an existing or potential purchase by anyone of any of our services.
31. Under the "Fair Use Rule" of copyright law, any narrowly defined appropriate "fair use" reference to any information from any of our services must reference, directly with each instance of use, "Dupre + Scott Apartment Advisors, Inc." as the source.
32. If you have any question about whether or not your intended use of any of our services is permitted, contact us in writing for clarification.
33. You may not remove or modify any proprietary notices or labels if you use the content in any manner.
34. Our services are provided "as is" and "as available" without any representation or warranty of any kind.
35. Access and use of our services is at your own risk. We disclaim all express and implied warranties including warranties of merchantability, satisfactory quality, or fitness for a particular purpose.
36. The entire risk arising out of the use and/or performance of the site, content, and services remains with you.
37. We will not be liable for any damages, including direct, indirect, incidental, special, or consequential damages or damages for loss of profits, revenue, data or data use, incurred by you or any third party, whether in an action in contract or tort, even if you or any other person has been advised of the possibility of such damage.
38. You understand that we are not engaged in rendering legal, tax, investment, accounting, property management, or other professional advice. No statement is to be construed as a recommendation or as investment or other advice.
39. You agree that our liability from any kind of legal claim in any way connected with our services shall not exceed the greater of $10.00 or the amount you paid for use of our services in the three month period prior to the event or occurrence giving rise to liability.
40. You agree to defend, indemnify, and hold us harmless from all liabilities, expenses (including attorneys' fees), and damages from claims resulting from your use of our services.
41. We are not responsible for information provided by linked sites. Such links do not constitute an endorsement.
42. You may link to our home page but not to any other page within our site. You may not include any of our services in any other web site.
43. We may, at our sole discretion, discontinue providing the site and services, in whole or in part, and with or without notice to you. We shall have no liability to you or any third party for termination of the site or services, or of access or use thereof. The ownership, warranty, indemnity, and dispute resolution provisions of these Terms shall survive termination for any reason.
44. This agreement and performance hereunder will be governed by and construed in accordance with the laws of the State of Washington.
45. If any provision of the agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect.
46. The exclusive remedy for all disputes and claims relating in any way to, or arising out of this agreement and/or the use of services(including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Dupre + Scott toward the other, shall be determined exclusively by final and binding arbitration.
47. Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single arbitrator acceptable to both parties and conducted in the State of Washington. The AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
48. You and Dupre + Scott may litigate in court only to compel arbitration under this agreement or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrator.
49. To the extent that you have breached or have indicated your intention to breach this agreement in any manner which violates or may violate Dupre + Scott's intellectual property rights, or may cause continuing or irreparable harm to Dupre + Scott, Dupre + Scott may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction, notwithstanding anything else herein.
50. You and Dupre + Scott must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.
51. If applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.
53. This agreement shall be governed by the laws of the State of Washington and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby irrevocably consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington.
54. No delay or failure to take action under this Agreement shall constitute any waiver by Dupre + Scott of any provision of this Agreement.
55. This Agreement (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between Dupre + Scott and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
56. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
57. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns.
58. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.
59. These Terms constitute a written agreement between you and Dupre + Scott, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in any judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.
Last modified: October 2006