Acceptance of Terms and Conditions of Use
Purpose of Site
The Site is intended to provide information about commercial real estate and Canyon Data. The information and services offered on or through this Site are provided solely for general business information, do not constitute real estate, legal, tax, accounting, investment or other professional advice, or an offer to sell or lease real estate, and may not be used for or relied upon for these purposes. No lawyer-client, advisory, fiduciary or other relationship is created by your accessing or using this Site or communicating by way of email through this Site. You shall not use information and services offered on or through this Site for personal, family or household purposes or to determine an individual’s eligibility for credit, insurance, employment, or government license or benefit. You shall also not use the Site in any way that is intended to cause the Information (as defined below) to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. or in any other manner that is intended to be construed as a consumer report by any governmental authority.
Use of Information
You agree to treat all information obtained from the Service, including all Canyon Data “Content”, and any information otherwise made available to You in the Service (individually and collectively, the “Content”) as proprietary to Canyon Data. You agree that Content reserved for “Passcode Protected Product” will be maintained as confidential and shall be protected as a trade secret of Canyon Data. Canyon Data 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. Contact information that a user provides to “Passcode Protected Product” is for “Passcode Protected Product Users“, Canyon Data agrees not to use user contact information as a contact list. You shall limit access to, viewing of, and use of active property listings and broker 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, without express consent from Canyon Data. You shall not use the Service as part of any effort to compete with Canyon Data, 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 Canyon Data 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 Canyon Data products, services, or information; decompile, decode or reverse engineer Canyon Data software; or use Canyon Data products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes. You assign Canyon Data 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.
All information, data, text, software, photographs, images, forms, agreements, graphics, organization, layout, design, and other content contained on or provided through this Site (collectively, the “Content“) are proprietary to Canyon Data and its licensors, and are protected by copyright and other U.S., Idaho, and international intellectual property rights, laws, and treaties. The Content includes proprietary databases (the “Database“) of commercial real estate information, which, by way of example, include tools provided by Canyon Data, information, text, forms, agreements, photographic and other images and data contained therein (collectively, the “Information“) and the proprietary organization and structures for categorizing, sorting and displaying such Information, and the related software (“Software“). The Site, Content, Database, Information, Software, and any portion of the foregoing, including any derivatives, adaptations, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the “Product“.
Those portions of the Product that may be accessed by the general public and that do not require any use of Passcodes (as defined below) are referred to as the “Non-Passcode Protected Product“. Those portions of the Product that require use of Passcodes and, if applicable, two-factor authentication, and are available only to individuals or entities (“Canyon Data Clients“), or those acting through them, who enter into a License Agreement (as defined below) with Canyon Data that authorizes access to such Canyon Data service are referred to as the “Passcode Protected Product“.
Only Authorized Users (defined below) for a Passcode Protected Product may access such product and they may access it solely using the username, password (collectively, the “Passcodes”) and, if required by Canyon Data, Passcodes with two-factor authentication. Canyon Data may use the Passcode and, if required by Canyon Data, two-factor authentication as the means to authenticate your identity when you access and use the Passcode Protected Product. Canyon Data is under no obligation to confirm the actual identity or authority of any party accessing the Passcode Protected Product under your Passcode or other authentication method. An Authorized User will maintain the confidentiality of his/her Passcode and may not share his/her Passcodes with any other person, nor may an Authorized User allow any other person to use or have access to his/her Passcodes. You agree to notify Canyon Data, via email at email@example.com immediately of any unauthorized use of any Passcode or other breach of security.
Unauthorized attempts to (i) defeat or circumvent Passcodes or other security features, (ii) use the Site or the Product for other than intended purposes, or (iii) 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 Passcode 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, the State of Idaho, or such other jurisdictions as may apply.
An “Authorized User” is defined as an individual (a) employed by a Canyon Data Client or an Exclusive Contractor (as defined below) of a Canyon Data Client at a site identified in the License Agreement, and (b) who is specified in the License Agreement as a user of a specific Passcode Protected Product and represented by the Client to be an employee or Exclusive Contractor of the Client. An “Exclusive Contractor” is defined as an individual person working solely for the Canyon Data Client and not another company with real estate information needs or for themselves and performing substantially the same services for such Canyon Data Client as an employee of such Canyon Data Client. Canyon Data’s issuance of a Passcode shall not be construed as a confirmation or admission by Canyon Data that the person receiving the Passcode qualifies as an Authorized User.
Canyon Data Newsletter Subscriptions
Canyon Data may provide newsletter subscriptions as part of its offering to its users (“Canyon Data News”). Canyon Data News is provided through the Site and email. As a subscriber to Canyon Data, Canyon Data grants you a limited revocable license to use Canyon Data News for non-commercial use subject to rules and limitations herein. You shall be subject to the following rules regarding acceptable conduct and practices: You (1) may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Canyon Data News sites or any portion of such content, (2) may not use any data mining, robots, or similar data gathering and extraction tools on the content, frame any portion of the Canyon Data News sites or content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without Canyon Data’s prior written consent, (3) may not circumvent any mechanisms included in the content for preventing the unauthorized reproduction or distribution of the content, (4) may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Site, any other online services, or to obtain unauthorized access to the online services or content or any data or other information of any third party, (5) may not attempt to gain unauthorized access to other computer systems or networks connected to the online services or use the online services, content or any information contained therein for any unlawful purpose; Canyon Data, in its sole and absolute discretion, shall determine whether any content you transmit or receive or your use of Canyon Data News violates this provision, and (6) may not use the online services, content 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. You may not use any services in connection with any site or other use that contains or is associated with information or content prohibited by this section. As between Canyon Data and you, the content and materials incorporated by Canyon Data on the Site are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by Canyon Data on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Canyon Data or others.
Introductory Subscriber Pricing
You shall not, except as may be expressly set forth above under “Permitted Uses” (a) 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 (b) modify, adapt or create derivative works of any portion of the Product.
Notwithstanding anything to the contrary herein, you shall not:
(2) Access or use any portion of the Product if you are a direct or indirect competitor of Canyon Data, nor shall you provide, disclose or transmit any portion of the Product to any direct or indirect competitor of Canyon Data (by way of example, a “direct or indirect competitor” of Canyon Data includes, but is not limited to, Internet listing services or other real estate information services and employees, independent contractors and agents of such services);
(3) Provide your Passcode or otherwise provide access to a Passcode Protected Product to any individual other than yourself, including by providing the results of queries of or reports generated from a Passcode Protected Product to a person who is not a client or prospective client.
(4) Use or distribute any Information from the Product, including Information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product;
(5) Modify, merge, decompile, disassemble, scrape, translate, decode or reverse engineer any portion of the Product, or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Product or the data generated from it;
(6) Use, reproduce, publish or compile any portion of the Product for the purpose of selling or licensing any portion of the Product or making any portion of the Product publicly available;
(7) Store, copy or export any portion of the Product into any database or other software, except as expressly set forth in the Permitted Uses above;
(8) Upload, post or otherwise publish any portion of the Product on, or provide access to any portion of the Product through, the Internet, any bulletin board system, any other electronic network, any data library, any listing service or any other data sharing arrangement, except that you may e-mail a report containing Information that complies with the Permitted Use provisions set forth above to a limited number of your clients and prospective clients;
(9) Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, graphics, or other content to or through the Product, or use any portion of this Product in a manner, that:
(a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any local, provincial, federal or international law, intentionally or unintentionally, or is otherwise objectionable;
(b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party;
(c) constitutes unlawful advertising or fraudulent, unfair or deceptive practices, “spam,” or any other form of unlawful solicitation in the United States, Idaho or other state, 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 public records; or
(d) contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Product or servers or networks connected thereto or the activities of other users of the Product or of any computer software or hardware or telecommunications equipment.
(10) Except as set forth in a License Agreement, you acknowledge and agree that you do not have a right to make available, communicate to the public by telecommunication, transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty any information about the Product.
(11) Impersonate any person or entity, including but limited to an Authorized User, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Product; and
(13) Market properties or otherwise communicate with contacts acquired from the Licensed Product without first obtaining the appropriate consents and permissions as required by applicable law.
You are responsible for the timely payment of any fees incurred by your use of components and services available on the Site or via links to other web sites, and all taxes applicable to your use of the Product.
SUBJECT TO THE TERMS OF ANY LICENSE AGREEMENT BETWEEN CANYON DATA AND YOUR COMPANY, WE RESERVE THE RIGHT, AT ANY TIME AND FROM TIME TO TIME, TO PROSPECTIVELY CHANGE THE NATURE AND AMOUNT OF FEES CHARGED FOR ACCESS TO THE PRODUCT OR ANY OF THE COMPONENTS OR SERVICES AVAILABLE ON THE PRODUCT, AND THE MANNER IN WHICH SUCH FEES ARE ASSESSED.
If you are accessing the Passcode Protected Product, you agree: (1) to provide Canyon Data with accurate and complete registration and billing information and to promptly update such information in the event it changes; and (2) to pay any applicable license fees or other fees incurred by your use of the Passcode Protected Product.
Termination and Interruption of Access
You acknowledge and agree that Canyon Data may interrupt, terminate, discontinue, or block your access to the Product or portions thereof at any time, subject to the terms of any License Agreement in place between you or your company and Canyon Data. Canyon Data reserves the right to terminate or suspend your use of a Canyon Data service or to terminate your License Agreement upon a good faith determination of a violation of the terms of any material provision of any other agreement between the parties or their affiliates. In the event such suspension or termination occurs, you shall cease using any portion of the Product, permanently delete or destroy all portions of the Product within your possession, custody or control, and, upon written request from Canyon Data, certify, in writing, your compliance with this provision.
If you are a Canyon Data Client, your License Agreement sets forth an initial term of twelve (12) months that expires on a specified date and that may automatically renew for a specified length. Following the effective date of termination or non-renewal of your License Agreement, you shall cease using any portion of the Product. In addition, you shall permanently delete or destroy all portions of the Product within your possession, custody or control and, upon written request from Canyon Data, certify, in writing, your compliance with this provision.
The documents stored in the “saved searches” section of the Canyon Listings service are intended to be confidential. Except as otherwise provided herein, Canyon Data personnel shall not review or 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.
This Product may include opportunities for users to submit information, data, text, photographs, images, graphics, messages, links, expressions of ideas and other content to the Product, for it to be publicly displayed on the Product, used by Canyon Data in connection with researching real estate activity, or for some other purpose (“Submitted Content“). Canyon Data acknowledges that if you provide Canyon Data with any information or images, then you retain any applicable ownership rights that you may have with respect to such information and images. However, you understand that all such Submitted Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you, and not Canyon Data, are entirely responsible for all such content that you upload, post, e-mail or otherwise transmit to or via the Product. Canyon Data is under no obligation to post or use any such Submitted Content you may provide and may remove any such content at any time in Canyon Data’s sole discretion.
You represent and warrant that (a) you own or have the full right, power and authority to grant to Canyon Data use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to or via the Product; (b) your license of such content to Canyon Data hereunder does not, and the use or license of such content by Canyon Data to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content.
You acknowledge and agree that your submitting Submitted Content to the Site does not create any new or alter any existing relationships between you and Canyon Data.
Canyon Data has no obligation to monitor or screen Submitted Content and is not responsible for Submitted Content. However, Canyon Data reserves the right, in its sole discretion, to monitor Submitted Content, edit Submitted Content or delete Submitted Content at any time for any reason or no reason.
You may provide a hyperlink to the home page of this Site, which is www.cayondata.tech, provided that you must remove any such link upon request from Canyon Data. Except as set forth in the preceding sentence, links to and the framing of this Product or any of its Content is Prohibited unless otherwise authorized by Canyon Data in writing. Inquiries and requests should be sent to firstname.lastname@example.org.
For your convenience, the Product may include links to other sites, some of them owned and operated by Canyon Data and some of them owned and operated by third parties. Under no circumstances shall Canyon Data be deemed to be associated or affiliated with, or viewed as endorsing or sponsoring, any web site that links to this Site, or is linked to from this Site, or any service or product that may be offered through such web sites. Canyon Data has not necessarily reviewed any or all of the content of such other web sites, does not guarantee the accuracy or timeliness of such sites, and disclaims responsibility for the content and services available therein. Different terms and conditions may apply to your use of any linked sites. It is your responsibility to review any such terms and conditions in connection with your use of any such sites. Any issues or disputes that may arise with respect to any such sites shall solely be between you and the applicable third party.
Information Regarding Accuracy, Completeness and Timeliness of Information in the Product
The Product is provided for general information only and should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance upon the Product shall be at your own risk. Neither we, nor any third party involved in creating, producing or delivering the Product, is responsible if the Product is not accurate, complete or current. Neither we, nor any third party involved in creating, producing or delivering the Product, has any responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the Product.
ALTHOUGH CANYON DATA ATTEMPTS TO PROVIDE AN ACCURATE PRODUCT, THE PRODUCT AND ALL PARTS THEREOF ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. CANYON DATA (INCLUDING ITS AFFILIATES), AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SUPPLIERS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “CANYON DATA PARTIES”) CANNOT AND DO NOT REPRESENT, WARRANT OR COVENANT THAT (I) THE PRODUCT WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR TIMELY; (II) THE OPERATION OF, OR YOUR ACCESS TO, PRODUCT THROUGH THE SITE WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE; AND/OR (III) DEFECTS OR ERRORS IN THE SITE OR THE PRODUCT, BE THEY HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED.
THE CANYON DATA PARTIES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, QUIET ENJOYMENT AND NO ENCUMBRANCES OR LIENS, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE LICENSED PRODUCT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE PRODUCT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY CANYON DATA PARTY, AND (5) THAT ACCESS TO OR USE OF THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
ANY RELIANCE UPON THE PRODUCT IS AT YOUR OWN RISK.
CANYON DATA RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PRODUCT OR ANY FEATURE OR PART THEREOF AT ANY TIME.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CANYON DATA 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 CONTAINED IN THE PRODUCT, REGARDLESS OF HOW SUCH FAULTS, INTERRUPTIONS, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISE, OR FOR ANY UNAUTHORIZED USE OF THE PRODUCT.
NONE OF THE CANYON DATA 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 CANYON DATA’S CONTROL, INCLUDING, WITHOUT LIMITATION, INDUSTRIAL DISPUTES, ACTS OF GOD OR GOVERNMENT, PUBLIC ENEMY, WAR, FIRE, OTHER CASUALTY, FAILURE OF ANY LINK OR CONNECTION WHETHER BY COMPUTER OR OTHERWISE, OR FAILURE OF TECHNOLOGY OR TELECOMMUNICATIONS OR OTHER METHOD OR MEDIUM OF STORING OR TRANSMITTING THE PRODUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU 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 CANYON DATA 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 CANYON DATA 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 CANYON DATA THROUGH THE PRODUCT CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
If you create any settings, saved searches, fields or functions in the Product or input, add or export any data into or from the Product (collectively, the “User Data“), none of the Canyon Data Parties shall have any liability or responsibility for any of such User Data, including the loss, destruction or use by third parties of such User Data. It is your responsibility to make back-up copies of such User Data.
Canyon Data is committed to respecting the privacy of your personal information in connection with your use of this Site. We take great care to keep your personal information confidential and secure. However, the Internet is not a totally secure medium of communication. For this reason, we cannot guarantee the privacy of any information you input on this site, send to us, or request be delivered to you on the Internet. Canyon Data will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.
The Product employs various registered and unregistered trademarks and service marks of Canyon Data and of other third parties. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Procedure for Making Notification of Claims of Copyright Infringement
NOTICE — U.S. Government Rights/Commercial Technical Data and Software Unpublished, Rights Reserved Under the Copyright Laws of the United States
This Site is controlled and operated by Canyon Data from its offices within the United States. Canyon Data 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.
Modifications to Product; Changes to these Terms
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Last Revised January 2022