Terms and Conditions
NIC MAP VISION Online Store Terms and Conditions of Use
PRIOR TO PURCHASING NIC MAP VISION (NMV) PRODUCTS, PLEASE REVIEW THE TERMS AND CONDITIONS SET FORTH BELOW, WHICH APPLY TO ANY PURCHASES MADE THROUGH THE NMV ONLINE STORE.
2. Permitted Uses.
NIC MAP Products may only be used for internal business purposes, with certain exceptions. You may use Insubstantial Amounts of the Materials in the normal conduct of business for use in Authorized Publications to your employees, and to a designated consultant, advisor or agent (any of the foregoing, an “Authorized Person”), provided that any Authorized Person agrees to maintain the confidentiality of such Insubstantial Amounts of the Materials. “Authorized Publications” means internal asset management reports, feasibility studies, appraisals, property offering memoranda, investor presentations, and broker opinions of value. “Insubstantial Amounts of the Materials” means an amount of the data provided in the NIC MAP Products (the “Data”) that, in any medium, form, or media (i) has no independent commercial value; (ii) could not be used as a substitute or alternate for the NIC MAP Product; and (iii) does not compete with NIC MAP® or other NMV business purposes, or would not be reasonably expected to compete with NIC MAP® or other NMV business purposes (collectively, the foregoing (i), (ii), and (iii) are the “Publication Limitations”).
3. Prohibited Uses.
You may not use the Data in external reports, memoranda, presentations to existing and potential customers or in any materials not deemed Authorized Publications. You must use your best efforts to prevent any form of publication, reproduction, transmission, broadcast, distribution, dissemination, or use of the Data beyond that expressly permitted herein.
4. Required Attribution for NIC MAP® Data.
You must include the following text, shown in quotes below, on or in any form of use as applicable (including, without limitation, documents) of the Data derived from any of the NIC MAP® Products in the following instances:
1. Use of the Data in Charts and Graphs: “Source: NIC MAP® Data Service.”
2. Use of the Data in Text: “According to the NIC MAP® Data Service, [Quarter and/or Year (if applicable)].”
3. Use of Data in any Document: “For more information on the NIC MAP® Data Service, please visit www.nicmapvision.com or call 844-668-3282” (in addition to instances in the foregoing A. and/or B.).
5. Content Delivery and Changes.
Any information, including, without limitation, materials, processes, statistical models, metric formulas, forecast models, programs, codes, designs, techniques, and ideas of NMV (collectively, “Confidential Information”) that is obtained or accessible by you in addition to the NIC MAP Products must not be used or disclosed for any purpose by you; and must be secured, protected, and kept confidential by you.
You shall not take any action or use the NIC MAP Products in any manner that adversely affects and/or infringes upon NIC MAP® and NMV’s proprietary rights in the Data (including, without limitation, NMV’s patent, copyright, trademark, and trade secret rights) nor shall you alter or amend any of the NIC MAP Products.
Further, without limiting the generality of the foregoing, you agree that you will not reverse engineer or manipulate the NIC MAP Products (including, without limitation, the Data) so as to reveal or access information or any of the Data on a single property or to otherwise obtain data underlying the Data.
8. Disclaimers and Limitation of Liability.
You acknowledge and agree to the following disclaimers and limitations of liability.
1. THE NIC MAP PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NMV DISCLAIMS ANY WARRANTY THAT THE NIC MAP PRODUCTS AND ANY RELATED SERVICES PROVIDED WILL BE ACCURATE OR ERROR-FREE, AND DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. IN ADDITION, NMV DISCLAIMS ANY LIABILITY TO YOU FOR THE INFRINGEMENT OF PROPRIETARY RIGHTS IN THE NMV PRODUCTS OR ANY PORTION THEREOF.
2. NMV WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO SUPPLY ACCURATE, TIMELY INFORMATION YOU ACKNOWLEDGE AND AGREE THAT ERRORS OR MISTAKES MAY OCCUR WITH RESPECT TO THE NIC MAP PRODUCTS. DATA IS BELIEVED TO BE ACCURATE BUT IS NOT GUARANTEED AND IS SUBJECT TO FUTURE REVISION. NOTHING IN THE NIC MAP PRODUCTS SHOULD BE CONSIDERED INVESTMENT ADVICE. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE NIC MAP PRODUCTS SHALL NOT BE RELIED UPON IN MAKING INVESTMENT DECISIONS.
3. IN NO EVENT SHALL NMV BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO USE OF THE NIC MAP PRODUCTS. THE PARTIES AGREE THAT NIC MAP’s LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE NIC MAP PRODUCTS THAT YOU PURCHASED FROM NMV.
4. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY AND COMPLETENESS OF ALL NIC MAP PRODUCTS, AND ANY USE OF AND ANY ACTION TAKEN OR NOT TAKEN BASED UPON THE NIC MAP PRODUCTS SHALL BE AT YOUR SOLE RESPONSIBILITY. YOU ACKNOWLEDGE THAT NMV HAS NO CONTROL OVER OR RESPONSIBILITY FOR YOUR USE OF THE NIC MAP PRODUCTS AND THAT NMV HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE NIC MAP PRODUCTS MAY BE USED BY YOU.
NMV is committed to respecting the privacy of your personal information, if any, in connection with the use of this website. NMV takes due care to keep personal information, if any, confidential and secure. However, the Internet is not a totally secure medium of communication, and NMV cannot guarantee the privacy of any information you input on this website, send to NMV, or request be delivered to you on the Internet. NMV will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.
11. Severability, Waiver.
13. Third Party Data Terms and Conditions.