Terms of Service
If you are using the Service on behalf of an organization, company or other legal entity, you represent and warrant that you have the authority to bind that organization, company or other legal entity to this Agreement. The terms “you”, “your” or “User” refers, collectively, to you and any entity on whose behalf you may be acting.
- User understands and agrees that User’s access to and use of the Service is non-exclusive, non-sublicensable, non-transferable, freely revocable and can be suspended or terminated at any time for any reason by CBRE.
- User further understands and agrees that the grant of access to and use of the Service shall not confer in User any rights of ownership in the Service or any related documentation (including in any new releases, modifications or enhancements), all of which shall be and remain the exclusive property of CBRE, including without limitation, the copyrights thereto, associated patents, design patents, trademarks, trade dress, trade secrets and other proprietary rights arising under applicable law or international conventions (collectively, “Proprietary Rights”). See Section 2 (Ownership) below. CBRE hereby expressly reserves all rights in the Service which are not expressly granted to User hereunder.
- User will not: (i) modify, translate, reverse engineer, decompile, disassemble, attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms, or create derivative works of or copy the Service; (ii) monitor, gather or copy any content on the Service by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind; (iii) remove, alter, or cover any copyright or trademark notices or other proprietary rights notices contained in the Service; (iv) assign, sublicense, or otherwise transfer its access, use or other rights or delegate its obligations under this Agreement; (v) attempt to use the Service for any purposes other than those intended by CBRE, as determined by CBRE in its sole discretion; or (vi) without limiting any of the foregoing, use the Service for the purpose of building a competitive product or service, or for any purpose other than legitimate business purposes relating to User’s business.
- User agrees to notify CBRE promptly in writing if any unauthorized use of the Service, or any possible infringement of Proprietary Rights, comes to User’s attention.
- User shall not apply for any registration of any copyright, trademark or other designation which would affect the ownership of Proprietary Rights nor file any documents with any governmental authority to take any action which would affect the ownership of Proprietary Rights, including CBRE’s ownership of the Service. This provision will survive the expiration or termination for any reason of this Agreement.
The Service, programming language, software and documentation and all other material or content made available on the Service and any improvements, modifications, derivative works, enhancements or changes to the Service and all copies thereof are proprietary to CBRE and title thereto remains solely in CBRE under all circumstances, including without limitation all rights to patents, copyrights, trademarks and trade secrets in the Service and the improvements, modifications, derivative works, and changes thereto. User understands that the foregoing includes trade secrets and information that is confidential and proprietary to CBRE and agrees to take all necessary actions to protect the confidentiality of such information. User shall not sell, transfer, publish, disclose, display or otherwise make available the Service or create or make available any improvements, modifications, enhancements, derivative works, or changes thereto or copies thereof to others. Termination of this Agreement shall be in addition to and not in lieu of any remedies available to CBRE both in law and equity. The obligations hereunder shall survive the expiration or termination for any reason of this Agreement.
- Links to other sites.
The Service may include links to other products, services or websites (collectively, “Other Sites”). This Agreement does not apply to Other Sites. User understands that User is responsible for reviewing any terms and conditions or privacy policies of any Other Sites that User visits or uses.
- Termination; Effect of Termination; Remedies.
- Without limiting any other remedies, CBRE may modify, limit, suspend, discontinue or terminate this Agreement and/or User’s use of all or any part of the Service, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason. User agrees that CBRE is under no obligation to provide the Service and that CBRE shall not be liable to User or to any other party for any limitation, suspension, discontinuance, termination or modification of the Service.
- User acknowledges that the obligations made hereunder to CBRE are of a unique and irreplaceable nature, the loss of which shall irreparably harm CBRE and which cannot be replaced by monetary damages alone so that CBRE shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by User. User irrevocably waives all rights to seek injunctive or other equitable relief.
- Maps Disclaimers and Restrictions.
The maps information provided on or through the Service have been obtained from Mapbox, which is supplied by Mapbox, Inc. CBRE has not verified, and does not warrant, the reliability or accuracy of Mapbox, or any other map service utilized in connection with the Service. Use of Mapbox is subject to its Terms of Service, which may be found at www.mapbox.com/tos/ (the “Mapbox Terms”). You may not use the service provided by Mapbox in any way that would be a violation of the Mapbox Terms. You shall notify CBRE promptly in writing if you become aware of any misappropriation or unauthorized use of the service provided by Mapbox.
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND FOR YOUR GENERAL INFORMATION AND INDIVIDUAL USE ONLY, WITH NO WARRANTIES. CBRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CBRE NOR ANY THIRD PARTY WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE ACCURACY OF INFORMATION INCLUDED IN THE SERVICE OR THE USE OF, OR THE RESULTS FROM THE USE OF, THE SERVICE. CBRE DOES NOT WARRANT IN ANY WAY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS OR ANY PARTICULAR STANDARD. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER. IN SUCH EVENT THE LIABILITY OF CBRE WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW.
- NO WARRANTY IS GIVEN THAT THE SERVICE OR ANY INFORMATION PROVIDED TO USER IS ERROR FREE OR THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED, UP-TO-DATE, COMPLETE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND NO WARRANTY IS GIVEN THAT ANY OF THE FOREGOING WILL BE CORRECTED.
- NOTHING CONTAINED IN THE SERVICE IS AN OFFER OR PROMISE TO SELL OR LEASE A SPECIFIC PROPERTY FOR A SPECIFIC PRICE, OR THAT ANY PERSON WILL SELL OR LEASE ANY PROPERTY, INCLUDING ON ANY SPECIFIC TERMS.
- NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CBRE, ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER.
- Limitations of Liability.
- CBRE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOST REVENUE, LOST SAVINGS, COMPUTER INTERRUPTION, GOODWILL OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CBRE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- CBRE’S TOTAL LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED TWO HUNDRED FIFTY DOLLARS ($250). USER AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR OTHERWISE RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION ON LIABILITY OR EXCLUSIONS OF LIABILITY SET FORTH ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH EVENT THE LIABILITY OF CBRE WILL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW.
- USER RELEASES THE CBRE PARTIES (AS DEFINED BELOW) FROM ALL LIABILITY RELATED TO ANY AND ALL CLAIMS AND DEMANDS USER MAY ASSERT AGAINST ANY THIRD PARTY ARISING OUT OF THE SERVICE. USER EXPRESSLY WAIVES ANY AND ALL RIGHTS AND BENEFITS CONFERRED BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR SIMILAR PROVISIONS OF APPLICABLE LAW) WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- THE DISCLAIMERS, WAIVER OF WARRANTY, EXCLUSIVE REMEDIES, LIMITED LIABILITY AND RELEASE SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS FOR THIS AGREEMENT BETWEEN CBRE AND USER. CBRE WOULD NOT BE ABLE TO PROVIDE THE SERVICE ON AN ECONOMIC BASIS, AND WOULD NOT HAVE ENTERED INTO THIS AGREEMENT OR PERMITTED ACCESS TO AND USE OF THE SERVICE, WITHOUT SUCH LIMITATIONS. THESE LIMITATIONS SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
- User Indemnification.
At CBRE’s option and request, User shall, at its own expense, indemnify and hold harmless CBRE and its subsidiaries, affiliates, officers, directors, employees, contractors, attorneys, agents, successors, assigns, co-branders, associations, and partners (collectively, “CBRE Parties”) harmless from and against any losses, costs, damages, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising out of or related to any third-party claim, action or allegation related to or arising from: (a) any transaction or dispute between User and any third party; (b) facts or alleged facts that would constitute a breach of any of User’s representations, warranties, or covenants under this Agreement or of any applicable law, rule or regulation, whether or not referenced herein; (c) User’s violation of any rights of any third party, (d) User’s use or misuse of the Service; or (e) the negligence or willful misconduct of User. CBRE shall have the right to exclusively direct and control its defense and hire counsel of its choice, at User’s expense.
- Entire Agreement; No Unintentional Waiver. This Agreement constitutes the entire agreement between CBRE and User with respect to the Service and all subject matter of this Agreement and supersedes all prior agreements between CBRE and User related to the Service, if any. CBRE’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right.
- Notices. Notices to you shall be in writing and may be made via email or posting such notices on www.hub.cbre.com or such other URL as CBRE may designate. You will provide notices to us via email to email@example.com, with a copy sent via email to firstname.lastname@example.org. Notices will be deemed given one (1) business day after being sent via email (unless the sender receives a response indicating that the message was undeliverable) or three (3) business days after being posted on the Service website (in the case of CBRE), whether or not received.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. CBRE and User hereby subject themselves exclusively to venues within the State of California. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. User hereby agrees that the Service shall be deemed solely based in California and a passive service that does not give rise to personal jurisdiction over CBRE, either specific or general, in jurisdictions other than the State of California.
- Dispute Resolution. Any dispute, claim or controversy arising out of or relating to this Agreement, or the breach, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of arbitration with respect to this Agreement, shall be determined by arbitration. The arbitration shall be administered by the Judicial Arbitration and Mediation Service (JAMS), and the arbitration shall be conducted with a single arbitrator. Furthermore, User agrees that neither User nor CBRE will join any claim with the claim of any other person or entity in arbitration; that no claim will be resolved on a class-wide basis; and that neither User nor CBRE will assert any claim in a representative capacity on behalf of anyone else. Notwithstanding the foregoing, User agrees that CBRE shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If User files an arbitration complaint against CBRE, CBRE agrees to pay for any portion of the initial filing fee that exceeds $250; after the initial filing fees, the parties will share the costs of arbitration equally. User agrees not to commence or prosecute any action against CBRE other than by filing an arbitration complaint in accordance with this paragraph. IMPORTANTLY, BY AGREEING TO BE BOUND BY THIS AGREEMENT, USER IS WAIVING ANY RIGHT USER HAS TO SEEK RELIEF IN A COURT OF LAW AND ANY RIGHT USER HAS TO A TRIAL BY JURY.
- Severability. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be modified only to the extent necessary to make it enforceable, and the remainder of the provisions will remain in full force and effect.
- Assignment. This Agreement may not be assigned or transferred by User without CBRE’s prior written consent. Any attempted assignment or transfer without CBRE’s consent shall be void. CBRE reserves the right to assign or transfer this Agreement to any third party. This Agreement and the rights and obligations of each of us under it will be binding on our respective successors and assigns.
- Modification. CBRE may modify any of the terms and conditions contained in this Agreement, at any time and in CBRE’s sole and exclusive discretion, by posting a change notice or a new agreement on website for the Service at www.hub.cbre.com (or such other URL as CBRE may designate) or by providing an alert or similar notification in the Service. If any modification is unacceptable to User, User’s only recourse is to terminate User’s use of the Service.